NRT Technology Corp. et al v. Everi Holdings Inc. et al
| NRT Technologies, Inc. and NRT Technology Corp. |
| Everi Holdings Inc., Everi Payments Inc., Global Cash Access Holdings, Inc. and Global Cash Access, Inc. |
| 1:2019cv00804 |
| April 30, 2019 |
| US District Court for the District of Delaware |
| Sherry R Fallon |
| Maryellen Noreika |
| Anti-Trust |
| 15 U.S.C. § 1 Antitrust Litigation |
| Plaintiff |
Docket Report
RSS Track this Docket
This docket was last retrieved on September 23, 2022. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 435
Joint STATEMENT regarding Proposed Topics to be Addressed in Opening Briefing re #432 Stipulation, 434 Oral Order by NRT Technologies, Inc., NRT Technology Corp.. (Vavala, Christina) Modified on 9/26/2022 (mdb).
|
|
Filing 434
ORAL ORDER re #432 Stipulation and [Proposed] Order Regarding Evidentiary Hearing Briefing Schedule and Requirements and Hearing Schedule - So that the Court can assess the propriety of the #432 parties' proposal, IT IS HEREBY ORDERED that, on or before 9/23/2022, the parties shall file a joint submission specifying the topics they each propose to raise in their opening brief. ORDERED by Judge Maryellen Noreika on 9/21/2022. (dlw)
|
|
Filing 433
Official Transcript of Teleconference held on 09/13/2022 before Judge Maryellen Noreika. Court Reporter/Transcriber Dale C. Hawkins,Email: Dale_Hawkins@ded.uscourts.gov. Transcript may be viewed at the court public terminal or order/purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date, it may be obtained through PACER. Redaction Request due 10/12/2022. Redacted Transcript Deadline set for 10/24/2022. Release of Transcript Restriction set for 12/20/2022. (dh)
|
|
Filing 432
STIPULATION regarding Evidentiary Hearing Briefing Schedule and Requirements and Hearing Schedule by NRT Technologies, Inc., NRT Technology Corp.. (Vavala, Christina)
|
|
Filing 431
REDACTED VERSION of #425 Exhibit to a Document by NRT Technologies, Inc., NRT Technology Corp. (Vavala, Christina) Modified on 9/19/2022 (dlw).
|
|
Filing 430
REDACTED VERSION of #424 Exhibit to a Document by NRT Technologies, Inc., NRT Technology Corp. (Vavala, Christina) Modified on 9/19/2022 (dlw).
|
|
Filing 429
REDACTED VERSION of #423 Exhibit to a Document by NRT Technologies, Inc., NRT Technology Corp. (Vavala, Christina) Modified on 9/19/2022 (dlw).
|
|
Filing 428
REDACTED VERSION of #422 Exhibit to a Document by NRT Technologies, Inc., NRT Technology Corp. (Vavala, Christina) Modified on 9/19/2022 (dlw).
|
|
Filing 427
REDACTED VERSION of #421 Exhibit to a Document by NRT Technologies, Inc., NRT Technology Corp. (Vavala, Christina) Modified on 9/19/2022 (dlw).
|
|
Filing 426
ORAL ORDER Setting Teleconference: IT IS HEREBY ORDERED that a Telephone Conference is set for 9/13/2022 at 02:00 PM before Judge Maryellen Noreika. Counsel shall provide a teleconference dial-in number and code for the teleconference by emailing this Court's judicial administrator. ORDERED by Judge Maryellen Noreika on 9/13/2022. (dlw)
|
|
Minute Entry for proceedings held before Judge Maryellen Noreika - Telephone Conference held on 9/13/2022 re issues in the Proposed Pretrial Order ( #420 ). After discussion, the pretrial conference and jury trial are CANCELLED. The Court will hold an evidentiary hearing on inequitable conduct on a date TBD. The parties shall confer and file a joint proposal regarding the evidentiary hearing by 9/20/2022. (Court Reporter Dale Hawkins.) (mdb)
|
|
Filing 425
[SEALED] EXHIBIT 15 re #420 Proposed Pretrial Order by NRT Technologies, Inc., NRT Technology Corp. (Attachments: #1 Exhibit 15, #2 Certificate of Service)(Vavala, Christina) Modified on 9/13/2022 (dlw).
|
|
Filing 424
[SEALED] EXHIBIT 14 re #420 Proposed Pretrial Order by NRT Technologies, Inc., NRT Technology Corp.. (Attachments: #1 Exhibit 14, #2 Certificate of Service)(Vavala, Christina) Modified on 9/13/2022 (dlw).
|
|
Filing 423
[SEALED] EXHIBIT 13 re #420 Proposed Pretrial Order by NRT Technologies, Inc., NRT Technology Corp. (Attachments: #1 Exhibit 13, #2 Certificate of Service)(Vavala, Christina) Modified on 9/13/2022 (dlw).
|
|
Filing 422
[SEALED] EXHIBIT 12 re #420 Proposed Pretrial Order by NRT Technologies, Inc., NRT Technology Corp.. (Attachments: #1 Exhibit 12, #2 Certificate of Service)(Vavala, Christina) Modified on 9/13/2022 (dlw).
|
|
Filing 421
[SEALED] EXHIBIT 11 re #420 Proposed Pretrial Order by NRT Technologies, Inc., NRT Technology Corp.. (Attachments: #1 Exhibit 11, #2 Certificate of Service)(Vavala, Christina) Modified on 9/13/2022 (dlw).
|
|
Filing 420
Proposed Pretrial Order by NRT Technologies, Inc., NRT Technology Corp. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4A, #5 Exhibit 4B, #6 Exhibit 5A, #7 Exhibit 5B, #8 Exhibit 6, #9 Exhibit 7, #10 Exhibit 8, #11 Exhibit 9, #12 Exhibit 10)(Vavala, Christina) Modified on 9/13/2022 (dlw).
|
|
Filing 419
Proposed FINAL Jury Instructions by NRT Technologies, Inc., NRT Technology Corp. (Vavala, Christina) Modified on 9/13/2022 (dlw).
|
|
Filing 418
Proposed PRELIMINARY Jury Instructions by NRT Technologies, Inc., NRT Technology Corp. (Vavala, Christina) Modified on 9/13/2022 (dlw).
|
|
Filing 417
Proposed VERDICT SHEET by NRT Technologies, Inc., NRT Technology Corp. (Vavala, Christina) Modified on 9/13/2022 (dlw).
|
|
Filing 416
Proposed Voir Dire by NRT Technologies, Inc., NRT Technology Corp.. (Vavala, Christina)
|
|
Filing 415
Proposed VERDICT SHEET by Everi Holdings Inc., Everi Payments Inc. (Poff, Adam) Modified on 9/13/2022 (dlw).
|
|
Filing 414
MOTION for Pro Hac Vice Appearance of Attorney Jonathan R. Spivey - filed by NRT Technologies, Inc., NRT Technology Corp.. Motions referred to Sherry R. Fallon.(Vavala, Christina)
|
|
SO ORDERED- re #414 MOTION for Pro Hac Vice Appearance of Attorney Jonathan R. Spivey. Signed by Judge Sherry R. Fallon on 9/8/2022. (lih)
|
|
Pro Hac Vice Attorney Jonathan R. Spivey for NRT Technologies, Inc. and NRT Technology Corp. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (mpb)
|
|
Minute Entry for proceedings held before Judge Maryellen Noreika - Telephone Conference held on 8/19/2022. The Court ruled on the pending Daubert motions: the Motion to Preclude Expert Testimony of Sam Ditzion ( #294 ) is GRANTED-IN-PART, the Motion to Preclude Certain Opinions and Testimony by Dr. Christine S. Meyer ( #298 ) is DENIED, and the Motion to Preclude Certain Expert Opinions and Testimony by Dr. Michael I. Shamos ( #305 ) is DENIED. The parties shall continue to mediate the case. The transcript shall serve as the Court's order. (Court Reporter Dale Hawkins.) (mdb)
|
|
Filing 413
ORAL ORDER Setting Teleconference: IT IS HEREBY ORDERED that a Status Telephone Conference is set for 8/19/2022 at 11:00 AM before Judge Maryellen Noreika. Counsel shall provide a dial-in number and code for the teleconference by emailing this Court's judicial administrator. ORDERED by Judge Maryellen Noreika on 8/15/2022. (mdb)
|
|
Filing 412
Letter to The Honorable Maryellen Noreika from Adam W. Poff regarding Joint Status Report - re 411 Oral Order. (Poff, Adam)
|
|
Filing 411
ORAL ORDER re #410 Letter - IT IS HEREBY ORDERED that the parties' request to submit a further joint status report on 8/10/2022 is GRANTED. ORDERED by Judge Maryellen Noreika on 8/9/2022. (dlw)
|
|
Filing 410
Letter to The Honorable Maryellen Noreika from Christina B. Vavala regarding Joint Status Update - re 409 Oral Order. (Vavala, Christina)
|
|
Filing 409
ORAL ORDER re #407 Letter - IT IS HEREBY ORDERED that, on or before 8/8/2022, the parties shall submit a joint status report on the parties' progress in mediation with Judge Brown. ORDERED by Judge Maryellen Noreika on 7/26/2022. (dlw)
|
|
Filing 408
NOTICE of Appearance by Alexis Stombaugh on behalf of Everi Holdings Inc., Everi Payments Inc. (Stombaugh, Alexis)
|
|
Filing 407
Letter to The Honorable Maryellen Noreika from Pilar G. Kraman regarding selection of mediator. (Kraman, Pilar)
|
|
Filing 406
Official Transcript of Teleconference held on 06/23/2022 before Judge Maryellen Noreika. Court Reporter/Transcriber Dale C. Hawkins,Email: Dale_Hawkins@ded.uscourts.gov. Transcript may be viewed at the court public terminal or order/purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date, it may be obtained through PACER. Redaction Request due 7/27/2022. Redacted Transcript Deadline set for 8/8/2022. Release of Transcript Restriction set for 10/4/2022. (dh)
|
|
Minute Entry for proceedings held before Judge Maryellen Noreika - Telephone Conference held on 6/23/2022. Discussion on the substance of the case. The defendants' motion for summary judgment ( #311 ) is DENIED, and, in light of the Court's order ( #401 ), the defendants' remaining motions for summary judgment ( #301 , #308 ) are DENIED. The transcript shall serve as the Court's order. The parties shall engage a mediator they agree on and report back to the Court within two weeks from today. See transcript for more details. (Court Reporter Dale Hawkins.) (mdb)
|
|
Filing 405
ORAL ORDER Setting Teleconference: IT IS HEREBY ORDERED that a Telephone Conference is set for 6/23/2022 at 01:00 PM before Judge Maryellen Noreika. Counsel shall provide a teleconference dial-in number and code for the teleconference by emailing this Court's judicial administrator. ORDERED by Judge Maryellen Noreika on 6/22/2022. (dlw)
|
|
Filing 404
NOTICE of Change of Address of Melenie Van by NRT Technologies, Inc., NRT Technology Corp. (Vavala, Christina)
|
|
Filing 403
Letter to The Honorable Maryellen Noreika from Adam W. Poff regarding Ranking of the Grounds for Everi's Daubert Motions - re #401 Order,,. (Poff, Adam)
|
|
Filing 402
Letter to The Honorable Maryellen Noreika from Adam W. Poff regarding Ranking of the Grounds for Everi's Summary Judgment Motions - re #401 Order,,. (Poff, Adam)
|
|
Filing 401
ORDER: The Court believes that this antitrust case is one in which excessive summary judgment and Daubert motion practice has unnecessarily burdened the parties and the Court. Therefore, IT IS HEREBY ORDERED that, on or before June 3, 2022: Defendants shall file a one-page letter with the Court ranking the grounds for summary judgment raised in its various motions for summary judgment (D.I. #301 , #308 & #311 ) and a one-page letter with the Court ranking the order in which Defendants wish the Court to consider the grounds for excluding testimony raised in Defendants' Daubert motions (D.I. #298 & #305 ). See Order for more details. Signed by Judge Maryellen Noreika on 6/1/2022. (mdb)
|
|
Filing 400
REDACTED VERSION of #388 Statement, by Everi Holdings Inc., Everi Payments Inc.. (Poff, Adam)
|
|
Filing 399
REDACTED VERSION of #387 Reply Brief by Everi Holdings Inc., Everi Payments Inc.. (Poff, Adam)
|
|
Filing 398
REDACTED VERSION of #386 Statement, by Everi Holdings Inc., Everi Payments Inc.. (Poff, Adam)
|
|
Filing 397
REDACTED VERSION of #385 Reply Brief by Everi Holdings Inc., Everi Payments Inc.. (Poff, Adam)
|
|
Filing 396
REDACTED VERSION of #384 Statement, by Everi Holdings Inc., Everi Payments Inc.. (Poff, Adam)
|
|
Filing 395
REDACTED VERSION of #383 Reply Brief by Everi Holdings Inc., Everi Payments Inc.. (Poff, Adam)
|
|
Filing 394
REDACTED VERSION of #382 Declaration by Everi Holdings Inc., Everi Payments Inc.. (Poff, Adam)
|
|
Filing 393
REDACTED VERSION of #379 Reply Brief by Everi Holdings Inc., Everi Payments Inc.. (Poff, Adam)
|
|
Filing 392
REDACTED VERSION of #378 Declaration, by NRT Technologies, Inc., NRT Technology Corp.. (Attachments: #1 Exhibits D-K)(Vavala, Christina)
|
|
Filing 391
REDACTED VERSION of #377 Reply Brief by NRT Technologies, Inc., NRT Technology Corp.. (Vavala, Christina)
|
|
Filing 390
REQUEST for Oral Argument by NRT Technologies, Inc., NRT Technology Corp. re #311 MOTION for Summary Judgment on Everi's Patent and Litigation Conduct, #298 MOTION to Preclude Certain Opinions and Testimony by Dr. Christine S. Meyer, #301 MOTION for Summary Judgment on Monopoly Power and Lost Profit Damages, #308 MOTION for Summary Judgment Precluding Reliance on Unpleaded Theories of Alleged Fraud, #294 MOTION to Preclude Expert Testimony of Sam Ditzion, #305 MOTION to Preclude Certain Expert Opinions and Testimony by Dr. Michael I. Shamos. (Vavala, Christina)
|
|
Filing 389
REQUEST for Oral Argument by Everi Holdings Inc., Everi Payments Inc. re #311 MOTION for Summary Judgment on Everi's Patent and Litigation Conduct, #298 MOTION to Preclude Certain Opinions and Testimony by Dr. Christine S. Meyer, #301 MOTION for Summary Judgment on Monopoly Power and Lost Profit Damages, #308 MOTION for Summary Judgment Precluding Reliance on Unpleaded Theories of Alleged Fraud, #294 MOTION to Preclude Expert Testimony of Sam Ditzion, #305 MOTION to Preclude Certain Expert Opinions and Testimony by Dr. Michael I. Shamos. (Poff, Adam)
|
|
Filing 388
[SEALED] STATEMENT re #346 Statement // Everi's Response to NRT's Material Facts for Which There is a Genuine Issue to be Tried Regarding Everi's Motion for Summary Judgment on Everi's Patent and Litigation Conduct by Everi Holdings Inc., Everi Payments Inc. (Poff, Adam) Modified on 5/16/2022 (dlw).
|
|
Filing 387
[SEALED] REPLY BRIEF re #311 MOTION for Summary Judgment on Everi's Patent and Litigation Conduct filed by Everi Holdings Inc., Everi Payments Inc.. (Poff, Adam)
|
|
Filing 386
[SEALED] STATEMENT re #341 Statement // Everi's Response to NRT's Material Facts for Which There is a Genuine Issue to be Tried Regarding Everi's Motion for Summary Judgment on Monopoly Power and Lost Profit Damages by Everi Holdings Inc., Everi Payments Inc. (Poff, Adam) Modified on 5/16/2022 (dlw).
|
|
Filing 385
[SEALED] REPLY BRIEF re #301 MOTION for Summary Judgment on Monopoly Power and Lost Profit Damages filed by Everi Holdings Inc., Everi Payments Inc.. (Poff, Adam)
|
|
Filing 384
[SEALED] STATEMENT re #350 Statement // Everi's Response to NRT's Material Facts for Which There is a Genuine Issue to be Tried Regarding Everi's Motion for Summary Judgment Precluding Reliance on Unpleaded Theories of Alleged Fraud by Everi Holdings Inc., Everi Payments Inc. (Poff, Adam) Modified on 5/16/2022 (dlw).
|
|
Filing 383
[SEALED] REPLY BRIEF re #308 MOTION for Summary Judgment Precluding Reliance on Unpleaded Theories of Alleged Fraud filed by Everi Holdings Inc., Everi Payments Inc.. (Poff, Adam)
|
|
Filing 382
[SEALED] DECLARATION of Adam W. Poff re #381 Reply Brief by Everi Holdings Inc., Everi Payments Inc.. (Attachments: #1 Exhibit L, #2 Exhibit M)(Poff, Adam) Modified on 5/13/2022 (mdb).
|
|
Filing 381
REPLY BRIEF re #305 MOTION to Preclude Certain Expert Opinions and Testimony by Dr. Michael I. Shamos filed by Everi Holdings Inc., Everi Payments Inc.. (Poff, Adam)
|
|
Filing 380
DECLARATION of Adam W. Poff re #379 Reply Brief by Everi Holdings Inc., Everi Payments Inc.. (Attachments: #1 Exhibit T)(Poff, Adam) Modified on 5/13/2022 (mdb).
|
|
Filing 379
[SEALED] REPLY BRIEF re #298 MOTION to Preclude Certain Opinions and Testimony by Dr. Christine S. Meyer filed by Everi Holdings Inc., Everi Payments Inc.. (Poff, Adam)
|
|
Filing 378
[SEALED] DECLARATION of Melenie Van re #377 Reply Brief in Support of Motion to Preclude Expert Testimony of Sam Ditzion by NRT Technologies, Inc., NRT Technology Corp.. (Attachments: #1 Exhibits D-K)(Vavala, Christina) Modified on 5/13/2022 (mdb).
|
|
Filing 377
[SEALED] REPLY BRIEF re #294 MOTION to Preclude Expert Testimony of Sam Ditzion filed by NRT Technologies, Inc., NRT Technology Corp.. (Vavala, Christina)
|
|
Filing 376
REDACTED VERSION of #353 Declaration by NRT Technologies, Inc., NRT Technology Corp.. (Attachments: #1 Exhibits 55-73)(Vavala, Christina)
|
|
Filing 375
REDACTED VERSION of #352 Declaration by NRT Technologies, Inc., NRT Technology Corp.. (Attachments: #1 Exhibits 28-54)(Vavala, Christina)
|
|
Filing 374
REDACTED VERSION of #351 Declaration by NRT Technologies, Inc., NRT Technology Corp.. (Attachments: #1 Exhibits 1-27)(Vavala, Christina)
|
|
Filing 373
REDACTED VERSION of #346 Statement, by NRT Technologies, Inc., NRT Technology Corp.. (Vavala, Christina)
|
|
Filing 372
REDACTED VERSION of #345 Statement, by NRT Technologies, Inc., NRT Technology Corp.. (Vavala, Christina)
|
|
Filing 371
REDACTED VERSION of #342 Answering Brief in Opposition, by NRT Technologies, Inc., NRT Technology Corp.. (Vavala, Christina)
|
|
Filing 370
REDACTED VERSION of #344 Declaration by Everi Holdings Inc., Everi Payments Inc.. (Poff, Adam)
|
|
Filing 369
REDACTED VERSION of #343 Answering Brief in Opposition, by Everi Holdings Inc., Everi Payments Inc.. (Poff, Adam)
|
|
Filing 368
REDACTED VERSION of #350 Statement, by NRT Technologies, Inc., NRT Technology Corp.. (Vavala, Christina)
|
|
Filing 367
REDACTED VERSION of #349 Statement, by NRT Technologies, Inc., NRT Technology Corp.. (Vavala, Christina)
|
|
Filing 366
REDACTED VERSION of #348 Declaration by NRT Technologies, Inc., NRT Technology Corp.. (Attachments: #1 Exhibits 1-13)(Vavala, Christina)
|
|
Filing 365
REDACTED VERSION of #347 Answering Brief in Opposition, by NRT Technologies, Inc., NRT Technology Corp.. (Vavala, Christina)
|
|
Filing 364
REDACTED VERSION of #332 Declaration by NRT Technologies, Inc., NRT Technology Corp.. (Attachments: #1 Exhibits 1-3)(Vavala, Christina)
|
|
Filing 363
REDACTED VERSION of #331 Answering Brief in Opposition, by NRT Technologies, Inc., NRT Technology Corp.. (Vavala, Christina)
|
|
Filing 362
REDACTED VERSION of #341 Statement, by NRT Technologies, Inc., NRT Technology Corp.. (Vavala, Christina)
|
|
Filing 361
REDACTED VERSION of #340 Statement, by NRT Technologies, Inc., NRT Technology Corp.. (Vavala, Christina)
|
|
Filing 360
REDACTED VERSION of #339 Declaration, by NRT Technologies, Inc., NRT Technology Corp.. (Attachments: #1 Exhibits AA-NN, #2 Exhibit OO part 1, #3 Exhibit OO part 2, #4 Exhibit PP-XX)(Vavala, Christina)
|
|
Filing 359
REDACTED VERSION of #338 Declaration, by NRT Technologies, Inc., NRT Technology Corp.. (Attachments: #1 Exhibits T-Z)(Vavala, Christina)
|
|
Filing 358
REDACTED VERSION of #337 Declaration, by NRT Technologies, Inc., NRT Technology Corp.. (Attachments: #1 Exhibits H-S)(Vavala, Christina)
|
|
Filing 357
REDACTED VERSION of #336 Declaration, by NRT Technologies, Inc., NRT Technology Corp.. (Attachments: #1 Exhibits A-G)(Vavala, Christina)
|
|
Filing 356
REDACTED VERSION of #335 Answering Brief in Opposition, by NRT Technologies, Inc., NRT Technology Corp.. (Vavala, Christina)
|
|
Filing 355
REDACTED VERSION of #334 Declaration by NRT Technologies, Inc., NRT Technology Corp.. (Attachments: #1 Exhibits A-L)(Vavala, Christina)
|
|
Filing 354
REDACTED VERSION of #333 Answering Brief in Opposition, by NRT Technologies, Inc., NRT Technology Corp.. (Vavala, Christina)
|
|
Filing 353
[SEALED] DECLARATION of Melenie Van (Volume 3) re #342 Answering Brief in Opposition by NRT Technologies, Inc., NRT Technology Corp. (Attachments: #1 Exhibits 55-73)(Vavala, Christina) Modified on 4/19/2022 (dlw).
|
|
Filing 352
[SEALED] DECLARATION of Melenie Van (Volume 2) re #342 Answering Brief in Opposition by NRT Technologies, Inc., NRT Technology Corp.. (Attachments: #1 Exhibits 28-54)(Vavala, Christina) Modified on 4/19/2022 (dlw).
|
|
Filing 351
[SEALED] DECLARATION of Melenie Van (Volume 1) re #342 Answering Brief in Opposition by NRT Technologies, Inc., NRT Technology Corp. (Attachments: #1 Exhibits 1-27)(Vavala, Christina) Modified on 4/19/2022 (dlw).
|
|
Filing 350
[SEALED] STATEMENT re #347 Answering Brief in Opposition // NRT's Material Facts for Which There is a Genuine Issue to be Tried Regarding Everi's Motion for Summary Judgment Precluding Reliance on Unpleaded Theories of Alleged Fraud by NRT Technologies, Inc., NRT Technology Corp. (Vavala, Christina) Modified on 4/19/2022 (dlw).
|
|
Filing 349
[SEALED] STATEMENT re #310 Statement // NRT's Opposition to Everi's Concise Statement of Facts in Support of Its Motion for Summary Judgment Precluding Reliance on Unpleaded Theories of Alleged Fraud by NRT Technologies, Inc., NRT Technology Corp. (Vavala, Christina) Modified on 4/19/2022 (dlw).
|
|
Filing 348
[SEALED] DECLARATION of Colby B. Springer re #347 Answering Brief in Opposition by NRT Technologies, Inc., NRT Technology Corp. (Attachments: #1 Exhibits 1-13)(Vavala, Christina) Modified on 4/19/2022 (dlw).
|
|
Filing 347
[SEALED] ANSWERING BRIEF in Opposition re #308 MOTION for Summary Judgment Precluding Reliance on Unpleaded Theories of Alleged Fraud filed by NRT Technologies, Inc., NRT Technology Corp. Reply Brief due date per #39 Scheduling Order is 5/13/2022. (Attachments: #1 Text of Proposed Order)(Vavala, Christina) Modified on 4/19/2022 (dlw).
|
|
Filing 346
[SEALED] STATEMENT re #342 Answering Brief in Opposition // NRT's Concise Statement of Genuine Issues of Material Facts Regarding Everi's Motion for Summary Judgment on Everi's Patent and Litigation Conduct by NRT Technologies, Inc., NRT Technology Corp. (Vavala, Christina) Modified on 4/19/2022 (dlw).
|
|
Filing 345
[SEALED] STATEMENT re #313 Statement // NRT's Opposition to Everi's Concise Statement of Undisputed Facts in Support of Their Motion for Summary Judgment on Everi's Patent and Litigation Conduct by NRT Technologies, Inc., NRT Technology Corp. (Vavala, Christina) Modified on 4/19/2022 (dlw).
|
|
Filing 344
[SEALED] DECLARATION of Jason R. Fowler re #343 Answering Brief in Opposition by Everi Holdings Inc., Everi Payments Inc. (Attachments: #1 Exhibit A - I)(Poff, Adam) Modified on 4/19/2022 (dlw).
|
|
Filing 343
[SEALED] ANSWERING BRIEF in Opposition re #294 MOTION to Preclude Expert Testimony of Sam Ditzion filed by Everi Holdings Inc., Everi Payments Inc. Reply Brief due date per #39 Scheduling Order is 5/13/2022. (Poff, Adam) Modified on 4/19/2022 (dlw).
|
|
Filing 342
[SEALED] ANSWERING BRIEF in Opposition re #311 MOTION for Summary Judgment on Everi's Patent and Litigation Conduct filed by NRT Technologies, Inc., NRT Technology Corp. Reply Brief due date per #39 Scheduling Order is 5/13/2022. (Attachments: #1 Text of Proposed Order)(Vavala, Christina) Modified on 4/19/2022 (dlw).
|
|
Filing 341
[SEALED] STATEMENT re #335 Answering Brief in Opposition // NRT's Material Facts for Which There is a Genuine Issue to be Tried Regarding Everi's Motion for Summary Judgment on Monopoly Power and Lost Profit Damages by NRT Technologies, Inc., NRT Technology Corp. (Vavala, Christina) Modified on 4/18/2022 (dlw).
|
|
Filing 340
[SEALED] STATEMENT re #303 Statement // NRT's Response to Everi's Concise Statement of Facts regarding Everi's Motion for Summary Judgment on Monopoly Power and Lost Profit Damages by NRT Technologies, Inc., NRT Technology Corp. (Vavala, Christina) Modified on 4/18/2022 (dlw).
|
|
Filing 339
[SEALED] DECLARATION of Daniel D. Owen (Volume 4) re #335 Answering Brief in Opposition to Motion for Summary Judgment on Monopoly Power and Lost Profit Damages by NRT Technologies, Inc., NRT Technology Corp. (Attachments: #1 Exhibits AA-NN, #2 Exhibit OO part 1, #3 Exhibit OO part 2, #4 Exhibits PP-XX)(Vavala, Christina) Modified on 4/18/2022 (dlw).
|
|
Filing 338
[SEALED] DECLARATION of Daniel D. Owen (Volume 3) re #335 Answering Brief in Opposition to Motion for Summary Judgment on Monopoly Power and Lost Profit Damages by NRT Technologies, Inc., NRT Technology Corp. (Attachments: #1 Exhibits T-Z)(Vavala, Christina) Modified on 4/18/2022 (dlw).
|
|
Filing 337
[SEALED] DECLARATION of Daniel D. Owen (Volume 2) re #335 Answering Brief in Opposition to Motion for Summary Judgment on Monopoly Power and Lost Profit Damages by NRT Technologies, Inc., NRT Technology Corp. (Attachments: #1 Exhibits H-M, #2 Exhibits N-S)(Vavala, Christina) Modified on 4/18/2022 (dlw).
|
|
Filing 336
[SEALED] DECLARATION of Daniel D. Owen (Volume 1) re #335 Answering Brief in Opposition to Motion for Summary Judgment on Monopoly Power and Lost Profit Damages by NRT Technologies, Inc., NRT Technology Corp. (Attachments: #1 Exhibits A-G)(Vavala, Christina) Modified on 4/18/2022 (dlw).
|
|
Filing 335
[SEALED] ANSWERING BRIEF in Opposition re #301 MOTION for Summary Judgment on Monopoly Power and Lost Profit Damages filed by NRT Technologies, Inc., NRT Technology Corp. Reply Brief due date per #39 Scheduling Order is 5/13/2022. (Attachments: #1 Text of Proposed Order)(Vavala, Christina) Modified on 4/19/2022 (dlw).
|
|
Filing 334
[SEALED] DECLARATION re #333 Answering Brief in Opposition, by NRT Technologies, Inc., NRT Technology Corp. (Attachments: #1 Exhibits A-L)(Vavala, Christina) Modified on 4/18/2022 (dlw).
|
|
Filing 333
[SEALED] ANSWERING BRIEF in Opposition re #298 MOTION to Preclude Certain Opinions and Testimony by Dr. Christine S. Meyer filed by NRT Technologies, Inc., NRT Technology Corp. Reply Brief due date per #39 Scheduling Order is 5/13/2022. (Attachments: #1 Text of Proposed Order)(Vavala, Christina) Modified on 4/19/2022 (dlw).
|
|
Filing 332
[SEALED] DECLARATION of Melenie Van re #331 Answering Brief in Opposition, by NRT Technologies, Inc., NRT Technology Corp. (Attachments: #1 Exhibits 1-3)(Vavala, Christina) Modified on 4/18/2022 (dlw).
|
|
Filing 331
[SEALED] ANSWERING BRIEF in Opposition re #305 MOTION to Preclude Certain Expert Opinions and Testimony by Dr. Michael I. Shamos filed by NRT Technologies, Inc., NRT Technology Corp. Reply Brief due date per #39 Scheduling Order is 5/13/2022. (Attachments: #1 Text of Proposed Order)(Vavala, Christina) Modified on 4/19/2022 (dlw).
|
|
Filing 330
ORDER - IT IS HEREBY ORDERED that Plaintiffs NRT Technology Corp. and NRT Technologies, Inc.'s Objections to Judge Fallon's Order and Recommendation of January 11, 2022 (D.I. 276) are OVERRULED and the Memorandum Opinion (D.I. 274) and Order (D.I. 275) are ADOPTED. Plaintiffs' Motion for Leave to Amend NRT's First Amended Complaint Against Defendants Everi Holdings Inc. and Everi Payments Inc. (D.I. 223) is DENIED. Signed by Judge Maryellen Noreika on 3/23/2022. (dlw)
|
|
Filing 329
ORDER OVERRULING #328 Objections - IT IS HEREBY ORDERED that Plaintiffs' objections are OVERRULED for failure to comply with the Court's Standing Order for Objections Filed Under Fed. R. Civ. P. 72. Signed by Judge Maryellen Noreika on 3/22/2022. (dlw)
|
|
Filing 328
OBJECTIONS by NRT Technologies, Inc., NRT Technology Corp. to Oral Order,,,,, . (Vavala, Christina)
|
|
Filing 327
REDACTED VERSION of #304 Declaration, by Everi Holdings Inc., Everi Payments Inc.. (Attachments: #1 Exhibit A - N)(Poff, Adam)
|
|
Filing 326
REDACTED VERSION of #303 Statement by Everi Holdings Inc., Everi Payments Inc.. (Poff, Adam)
|
|
Filing 325
REDACTED VERSION of #302 Opening Brief in Support, by Everi Holdings Inc., Everi Payments Inc.. (Poff, Adam)
|
|
Filing 324
REDACTED VERSION of #300 Declaration, by Everi Holdings Inc., Everi Payments Inc.. (Attachments: #1 Exhibit A - S)(Poff, Adam)
|
|
Filing 323
REDACTED VERSION of #299 Opening Brief in Support, by Everi Holdings Inc., Everi Payments Inc.. (Poff, Adam)
|
|
Filing 322
REDACTED VERSION of #306 Opening Brief in Support, by Everi Holdings Inc., Everi Payments Inc.. (Poff, Adam)
|
|
Filing 321
REDACTED VERSION of #307 Declaration, by Everi Holdings Inc., Everi Payments Inc.. (Attachments: #1 Exhibit A - C)(Poff, Adam)
|
|
Filing 320
REDACTED VERSION of #314 Declaration by Everi Holdings Inc., Everi Payments Inc.. (Attachments: #1 Exhibit A - K)(Poff, Adam)
|
|
Filing 319
REDACTED VERSION of #313 Statement by Everi Holdings Inc., Everi Payments Inc.. (Poff, Adam)
|
|
Filing 318
REDACTED VERSION of #312 Opening Brief in Support, by Everi Holdings Inc., Everi Payments Inc.. (Poff, Adam)
|
|
Filing 317
REDACTED VERSION of #310 Statement by Everi Holdings Inc., Everi Payments Inc.. (Poff, Adam)
|
|
Filing 316
REDACTED VERSION of #309 Opening Brief in Support, by Everi Holdings Inc., Everi Payments Inc.. (Poff, Adam)
|
|
Filing 315
REDACTED VERSION of #296 Opening Brief in Support, by NRT Technologies, Inc., NRT Technology Corp.. (Attachments: #1 Exhibits A-C)(Vavala, Christina)
|
|
Motions No Longer Referred: #294 MOTION to Preclude Expert Testimony of Sam Ditzion, #298 MOTION to Preclude Certain Opinions and Testimony by Dr. Christine S. Meyer, #305 MOTION to Preclude Certain Expert Opinions and Testimony by Dr. Michael I. Shamos. (dlw)
|
|
Set Briefing Schedule: re #311 MOTION for Summary Judgment, #301 MOTION for Summary Judgment, #294 MOTION to Preclude, #308 MOTION for Summary Judgment, #305 MOTION to Preclude, #298 MOTION to Preclude - Answering Briefs due 4/15/2022. Reply Briefs due 5/13/2022. (dlw)
|
|
Filing 314
[SEALED] DECLARATION of Adam W. Poff re #311 MOTION for Summary Judgment on Everi's Patent and Litigation Conduct by Everi Holdings Inc., Everi Payments Inc. (Attachments: #1 Exhibit A - K)(Poff, Adam) Modified on 3/14/2022 (dlw).
|
|
Filing 313
[SEALED] Concise STATEMENT of Undisputed Facts re #311 MOTION for Summary Judgment on Everi's Patent and Litigation Conduct by Everi Holdings Inc., Everi Payments Inc. (Poff, Adam) Modified on 3/14/2022 (dlw).
|
|
Filing 312
[SEALED] OPENING BRIEF in Support re #311 MOTION for Summary Judgment on Everi's Patent and Litigation Conduct filed by Everi Holdings Inc., Everi Payments Inc. Answering Brief/Response due date per Local Rules is 3/25/2022. (Poff, Adam) Modified on 3/14/2022 (dlw).
|
|
Filing 311
MOTION for Summary Judgment on Everi's Patent and Litigation Conduct - filed by Everi Holdings Inc., Everi Payments Inc. (Attachments: #1 Text of Proposed Order)(Poff, Adam) Modified on 3/14/2022 (dlw).
|
|
Filing 310
[SEALED] Concise STATEMENT of Undisputed Facts re #308 MOTION for Summary Judgment Precluding Reliance on Unpleaded Theories of Alleged Fraud by Everi Holdings Inc., Everi Payments Inc. (Poff, Adam) Modified on 3/14/2022 (dlw).
|
|
Filing 309
[SEALED] OPENING BRIEF in Support re #308 MOTION for Summary Judgment Precluding Reliance on Unpleaded Theories of Alleged Fraud filed by Everi Holdings Inc., Everi Payments Inc. Answering Brief/Response due date per Local Rules is 3/25/2022. (Poff, Adam) Modified on 3/14/2022 (dlw).
|
|
Filing 308
MOTION for Summary Judgment Precluding Reliance on Unpleaded Theories of Alleged Fraud - filed by Everi Holdings Inc., Everi Payments Inc. (Attachments: #1 Text of Proposed Order)(Poff, Adam) Modified on 3/14/2022 (dlw).
|
|
Filing 307
[SEALED] DECLARATION of Adam W. Poff re #305 MOTION to Preclude Certain Expert Opinions and Testimony by Dr. Michael I. Shamos by Everi Holdings Inc., Everi Payments Inc. (Attachments: #1 Exhibit A - C)(Poff, Adam) Modified on 3/14/2022 (dlw).
|
|
Filing 306
[SEALED] OPENING BRIEF in Support re #305 MOTION to Preclude Certain Expert Opinions and Testimony by Dr. Michael I. Shamos filed by Everi Holdings Inc., Everi Payments Inc. Answering Brief/Response due date per Local Rules is 3/25/2022. (Poff, Adam) Modified on 3/14/2022 (dlw).
|
|
Filing 305
MOTION to Preclude Certain Expert Opinions and Testimony by Dr. Michael I. Shamos - filed by Everi Holdings Inc., Everi Payments Inc. (Attachments: #1 Text of Proposed Order)Motions referred to Sherry R. Fallon.(Poff, Adam) Modified on 3/14/2022 (dlw).
|
|
Filing 304
[SEALED] DECLARATION of Adam W. Poff re #301 MOTION for Summary Judgment on Monopoly Power and Lost Profit Damages by Everi Holdings Inc., Everi Payments Inc. (Attachments: #1 Exhibit A - G, #2 Exhibit H - N)(Poff, Adam) Modified on 3/14/2022 (dlw).
|
|
Filing 303
[SEALED] Concise STATEMENT of Undisputed Facts re #301 MOTION for Summary Judgment on Monopoly Power and Lost Profit Damages by Everi Holdings Inc., Everi Payments Inc. (Poff, Adam) Modified on 3/14/2022 (dlw).
|
|
Filing 302
[SEALED] OPENING BRIEF in Support re #301 MOTION for Summary Judgment on Monopoly Power and Lost Profit Damages filed by Everi Holdings Inc., Everi Payments Inc. Answering Brief/Response due date per Local Rules is 3/25/2022. (Poff, Adam) Modified on 3/14/2022 (dlw).
|
|
Filing 301
MOTION for Summary Judgment on Monopoly Power and Lost Profit Damages - filed by Everi Holdings Inc., Everi Payments Inc. (Attachments: #1 Text of Proposed Order)(Poff, Adam) Modified on 3/14/2022 (dlw).
|
|
Filing 300
[SEALED] DECLARATION of Adam W. Poff re #298 MOTION to Preclude Certain Opinions and Testimony by Dr. Christine S. Meyer by Everi Holdings Inc., Everi Payments Inc.. (Attachments: #1 Exhibit A - J, #2 Exhibit K - S)(Poff, Adam) Modified on 3/11/2022 (mdb).
|
|
Filing 299
[SEALED] OPENING BRIEF in Support re #298 MOTION to Preclude Certain Opinions and Testimony by Dr. Christine S. Meyer filed by Everi Holdings Inc., Everi Payments Inc..Answering Brief/Response due date per Local Rules is 3/25/2022. (Poff, Adam) Modified on 3/11/2022 (mdb).
|
|
Filing 298
MOTION to Preclude Certain Opinions and Testimony by Dr. Christine S. Meyer - filed by Everi Holdings Inc., Everi Payments Inc.. (Attachments: #1 Text of Proposed Order)Motions referred to Sherry R. Fallon.(Poff, Adam) Modified on 3/11/2022 (mdb).
|
|
Filing 297
REDACTED VERSION of Exhibit N re Letter ( #290 ) by NRT Technologies, Inc., NRT Technology Corp.. (Vavala, Christina) Modified on 3/11/2022 (mdb).
|
|
Filing 296
[SEALED] OPENING BRIEF in Support re #294 MOTION to Preclude Expert Testimony of Sam Ditzion filed by NRT Technologies, Inc., NRT Technology Corp..Answering Brief/Response due date per Local Rules is 3/25/2022. (Attachments: #1 Exhibits A-C)(Vavala, Christina) Modified on 3/11/2022 (mdb).
|
|
Filing 295
STATEMENT re #294 MOTION to Preclude Expert Testimony of Sam Ditzion /Certificate Pursuant to Local Rule 7.1.1 by NRT Technologies, Inc., NRT Technology Corp.. (Vavala, Christina) Modified on 3/11/2022 (mdb).
|
|
Filing 294
MOTION to Preclude Expert Testimony of Sam Ditzion - filed by NRT Technologies, Inc., NRT Technology Corp.. Motions referred to Sherry R. Fallon.(Vavala, Christina) Modified on 3/11/2022 (mdb).
|
|
CORRECTING ENTRY: The document previously filed as D.I. 294 been deleted due to document not having a caption page. Counsel is advised to file a revised version of the document with a caption page. (lih)
|
|
Filing 293
REDACTED VERSION of #289 Letter, by Everi Holdings Inc., Everi Payments Inc.. (Attachments: #1 Exhibit A - E)(Poff, Adam)
|
|
Minute Entry for proceedings held before Judge Sherry R. Fallon - Discovery Dispute Telephone Conference held on 3/7/2022. (Court Reporter S. Ingram (Hawkins Reporting).) (lih)
|
|
ORAL ORDER: In accordance with the rulings made on the transcript during the March 7, 2022 discovery dispute teleconference, IT IS ORDERED that: (1) Everi's motion to strike excerpts of Dr. Shamos's opening and reply expert reports pertaining to the four prior art systems which were the subject of NRT's motion for leave to amend is DENIED without prejudice. Objections to the court's decision on NRT's motion for leave to amend remain pending, and Daubert motions and motions in limine are reserved for resolution by the District Judge. It is therefore premature to exclude this evidence. (2) Everi's motion to strike paragraphs 12, 41, and 57 to 59 of Dr. Shamos's reply expert report is GRANTED pursuant to Fed. R. Civ. P. 37(c). Applying the Pennypack factors, the Court finds that there is prejudice to Everi because the two challenged theories were not disclosed in the opening expert report. (See, e.g., D.I. 290, Ex. M at 55:13-57:7); see Meyers v. Pennypack Woods Home Ownership Ass'n, 559 F.2d 894, 904 (3d Cir. 1977). Regardless of whether a cure was offered by NRT, any cure would disrupt the case schedule by delaying case dispositive motions and disrupting the trial schedule. NRT's delay in disclosing the challenged issues suggests that those opinions are not critical to NRT's overall theory of the case. Ordered by Judge Sherry R. Fallon on 3/7/2022. (lih)
|
|
Filing 292
Unopposed Motion to file public version of #289 Letter - filed by Everi Holdings Inc., Everi Payments Inc.. (Poff, Adam) Modified on 3/4/2022 (lih).
|
|
CORRECTING ENTRY: The text of D. I. #292 has been modified per the request of the filer. (lih)
|
|
SO ORDERED- re #292 Unopposed Motion to file public version of #289 Letter. Signed by Judge Sherry R. Fallon on 3/4/2022. (lih)
|
|
ORAL ORDER re D.I. #291 redacting Exhibit N in its entirety: On or before close of business on March 11, 2022, the parties shall jointly submit a letter of no more than three (3) pages offering a factually detailed explanation as to why disclosure of the redacted material would "work a clearly defined and serious injury to the party seeking closure." See In re Avandia Mktg., Sales Practices & Prods. Liab. Litig., 924 F.3d 662, 672 (3d Cir. 2019) (quoting Miller v. Ind. Hosp., 16 F.3d 549, 551 (3d Cir. 1994) (internal quotation marks omitted)). Absent a compelling reason, supported by a statement under oath by a party, redactions in their entirety are impermissible; redactions must be done so as to redact the least possible amount of the materials submitted. If the Court determines that the decision to seal Exhibit N in its entirety lacks a meritorious basis after review of the letter submission, the document will be unsealed either in whole or in part. The court further notes in this instance that Exhibit N is an expert report that contains public information, e.g., discussion of claim language in a patent. The court orders that it is not permissible to redact information which is publicly available. Ordered by Judge Sherry R. Fallon on 3/4/2022. (lih)
|
|
Filing 291
REDACTED VERSION of #290 Letter by NRT Technologies, Inc., NRT Technology Corp.. (Attachments: #1 Exhibit Exhibits A-N, #2 Text of Proposed Order)(Vavala, Christina)
|
|
Filing 290
[SEALED] Letter to The Honorable Sherry R. Fallon from Christina B. Vavala regarding Opposition to Everi's Motion to Strike - re #289 Letter,. (Attachments: #1 Exhibits A-N, #2 Text of Proposed Order)(Vavala, Christina)
|
|
Filing 289
[SEALED] Letter to The Honorable Sherry R. Fallon from Adam W. Poff regarding Everi Holdings Inc. and Everi Payments Inc.'s Motion to Strike - re #283 MOTION for Teleconference to Resolve Discovery Dispute . (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Poff, Adam)
|
|
Filing 288
NOTICE to Take Deposition of Christine Meyer on February 24, 2022 filed by Everi Holdings Inc., Everi Payments Inc..(Poff, Adam)
|
|
Filing 287
NOTICE to Take Deposition of Michael Shamos on February 22, 2022 filed by Everi Holdings Inc., Everi Payments Inc..(Poff, Adam)
|
|
Filing 286
REQUEST for Oral Argument by NRT Technologies, Inc., NRT Technology Corp.. (Vavala, Christina)
|
|
Filing 285
NOTICE of Subpoena to Allan Shampine by NRT Technologies, Inc., NRT Technology Corp. (Attachments: #1 Exhibit 1)(Vavala, Christina)
|
|
Filing 284
NOTICE of Subpoena to Sam Ditzion by NRT Technologies, Inc., NRT Technology Corp. (Attachments: #1 Exhibit 1)(Vavala, Christina)
|
|
ORAL ORDER re #271 Order Setting Mediation Conferences: In view of recent developments in this matter, IT IS ORDERED THAT the 3/16/2022 mediation, and all associated deadlines and submissions in D.I. #271, is hereby CANCELLED. Ordered by Judge Mary Pat Thynge on 2/11/2022. (Taylor, Daniel)
|
|
Filing 283
MOTION for Teleconference to Resolve Discovery Dispute - filed by Everi Holdings Inc., Everi Payments Inc.. Motions referred to Sherry R. Fallon.(Poff, Adam)
|
|
SO ORDERED- re #283 MOTION for Teleconference to Resolve Discovery Dispute. A Telephone Conference is set for 3/7/2022 at 02:00 PM before Judge Sherry R. Fallon. In preparation for this hearing the parties shall follow the Discovery Matters and Disputes procedure as set forth in the Order regarding discovery matters available at www.ded.uscourts.gov/judge/magistrate-judge-sherry-r-fallon. The Court may choose to resolve the dispute prior to the telephone conference and will, in that event, cancel the conference. Set Deadlines: (Moving Submission due by no later than 2:00 PM on 2/23/2022, Responsive submission due by no later than 2:00 PM on 2/24/2022). Signed by Judge Sherry R. Fallon on 2/10/2022. (lih)
|
|
Filing 282
RESPONSE TO OBJECTIONS by Everi Holdings Inc., Everi Payments Inc. re #276 Objections . (Poff, Adam)
|
|
Filing 281
NOTICE requesting Clerk to remove Barrington E. Dyer and Herbert F. Allen as co-counsel. Reason for request: Dyer no longer with firm; Allen no longer involved in the matter. (Vavala, Christina)
|
|
Filing 280
NOTICE OF SERVICE of (1) Expert Reply Report of Dr. Michael Shamos, Ph.D., J.D., Concerning Inequitable Conduct and (2) Rebuttal Report of Christine S. Meyer, Ph.D. filed by NRT Technologies, Inc., NRT Technology Corp..(Vavala, Christina)
|
|
Filing 279
MOTION for Pro Hac Vice Appearance of Attorney Mark T. Deming - filed by NRT Technologies, Inc., NRT Technology Corp.. Motions referred to Sherry R. Fallon.(Vavala, Christina)
|
|
SO ORDERED- re #279 MOTION for Pro Hac Vice Appearance of Attorney Mark T. Deming. Signed by Judge Sherry R. Fallon on 1/28/2022. (lih)
|
|
Pro Hac Vice Attorney Mark T. Deming for NRT Technologies, Inc. and NRT Technology Corp. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (mal)
|
|
Filing 278
Letter to The Honorable Maryellen Noreika from Christina B. Vavala regarding Courtesy Copies of Documents related to Objections to Recommendation - re #276 Objections. (Vavala, Christina)
|
|
Filing 277
CERTIFICATION re #276 Objections to Judge Fallon's Order and Recommendation of January 11, 2022 by NRT Technologies, Inc., NRT Technology Corp. (Vavala, Christina) Modified on 1/26/2022 (dlw).
|
|
Filing 276
OBJECTIONS by NRT Technologies, Inc., NRT Technology Corp. to #275 Order and Recommendation of January 11, 2022. (Vavala, Christina) Modified on 1/26/2022 (dlw).
|
|
Filing 275
ORDER- #274 Memorandum Opinion DENYING #223 MOTION for Leave to File Second Amended Complaint. Signed by Judge Sherry R. Fallon on 1/11/2022. (lih)
|
|
Filing 274
MEMORANDUM OPINION. Signed by Judge Sherry R. Fallon on 1/11/2022. (lih)
|
|
Filing 273
NOTICE OF SERVICE of 1) Expert Report of Allan Shampine and 2) Rebuttal Expert Report of Sam Ditzion filed by Everi Holdings Inc., Everi Payments Inc..(Poff, Adam)
|
|
Filing 272
STIPULATION Amending Schedule by Everi Holdings Inc., Everi Payments Inc.. (Poff, Adam) Modified on 12/9/2021 (lih).
|
|
ORAL ORDER- GRANTING #272 Stipulation Amending Schedule. Counsel is advised that the current deadline of March 11, 2022 for dispositive motions (7/26/2021 Oral Order) shall remain unchanged. Should the parties seek further extensions that result in extending the dispositive motion deadline, the trial date will be vacated. Set Scheduling Order Deadlines ( Opening Expert Reports due by 12/17/2021., Rebuttal Expert Reports due by 1/28/2022., Expert Discovery due by 2/25/2022.) Ordered by Judge Sherry R. Fallon on 12/9/2021. (lih)
|
|
Filing 271
ORDER Setting Mediation Conferences: A Video/Virtual Mediation Conference is set for 3/16/2022 at 11:00 AM before Judge Mary Pat Thynge. See ORDER for details. Signed by Judge Mary Pat Thynge on 11/5/2021. (Taylor, Daniel)
|
|
Filing 270
NOTICE OF SERVICE of Expert Report of Christine S. Meyer, Ph.D. filed by NRT Technologies, Inc., NRT Technology Corp..(Vavala, Christina)
|
|
Filing 269
NOTICE OF SERVICE of Expert Report of Dr. Michael Shamos, Ph.D., J.D. Concerning Inequitable Conduct filed by NRT Technologies, Inc., NRT Technology Corp..(Vavala, Christina)
|
|
Filing 268
NOTICE to Take Deposition of Darren Simmons on October 20, 2021 filed by NRT Technologies, Inc., NRT Technology Corp..(Vavala, Christina)
|
|
Filing 267
NOTICE to Take Deposition of Jock West on October 18, 2021 filed by NRT Technologies, Inc., NRT Technology Corp..(Vavala, Christina)
|
|
ORAL ORDER: IT IS HEREBY ORDERED that Defendant's request to redact portions of certain exhibits to the Declaration of William E. O'Neil (the "Declaration") (D.I. #265 ) is GRANTED, and the redacted filing of the Declaration at D.I. 255 shall be replaced with the corrective filing at D.I. 266. Defendant has shown good cause for the tailored redactions of Exhibits A-C to the Declaration at D.I. 240 because the disclosure of information relating to settlement, licensing, sealed court filings, and proprietary sales data and strategies could "work a clearly defined and serious injury to the party seeking closure" and result in competitive harm. In re Avandia Mktg., Sales Practices & Prods. Liab. Litig., 924 F.3d 662, 671, 678 (3d Cir. 2019); see In re Cendant Corp., 260 F.3d 183, 196 (3d Cir. 2001). Ordered by Judge Sherry R. Fallon on 10/15/2021. (lih)
|
|
CORRECTING ENTRY: The pdf of D.I. #255 has been replaced per the oral order entered on 10/15/2021. (lih)
|
|
Filing 266
Amended REDACTED VERSION of #240 Declaration by Everi Holdings Inc., Everi Payments Inc.. (Attachments: #1 Exhibit A - L)(Poff, Adam) Modified on 10/15/2021 (lih).
|
|
Filing 265
Letter to The Honorable Sherry R. Fallon from Adam W. Poff regarding redactions to Exhibits A - C to (D.I. #240 ) Declaration of William E. O'Neil. (Attachments: #1 Redacted Exhibits A -C)(Poff, Adam) Modified on 10/14/2021 (lih).
|
|
ORAL ORDER re #189 Order Setting Mediation Conferences: It is ORDERED that upon further consideration and review of the present scheduling order, mediation in this case presently scheduled for tomorrow, Friday, October 15, 2021 is canceled. The court is available to reschedule a video/virtual mediation on the following dates: February 22, 23 or 25, 2022. Because additional discovery will occur between now and the February dates, new mediation statements may be submitted and shall be due no later than two (2) weeks before the scheduled February 2022 mediation date agreed to by counsel/parties. Counsel shall confer after confirming with their respective clients regarding the proposed dates herein. Counsel for defendants shall advise on or before Monday, October 25, 2021 at 5:00 PM Eastern Time of the date selected. Ordered by Judge Mary Pat Thynge on 10/14/2021. (Taylor, Daniel)
|
|
Filing 264
NOTICE to Take Deposition of Everi Holdings, Inc. and Everi Payments Inc. on October 12, 2021 (Revised) filed by NRT Technologies, Inc., NRT Technology Corp..(Vavala, Christina)
|
|
Filing 263
NOTICE to Take Deposition of Randy Taylor on October 13, 2021 filed by NRT Technologies, Inc., NRT Technology Corp..(Vavala, Christina)
|
|
Filing 262
NOTICE to Take Deposition of David Shinsky on October 14, 2021 filed by NRT Technologies, Inc., NRT Technology Corp..(Vavala, Christina)
|
|
Filing 261
NOTICE to Take Deposition of Michael Rumbolz on October 22, 2021 filed by NRT Technologies, Inc., NRT Technology Corp..(Vavala, Christina)
|
|
Filing 260
NOTICE to Take Deposition of Krista McBrayer on October 15, 2021 filed by NRT Technologies, Inc., NRT Technology Corp..(Vavala, Christina)
|
|
Filing 259
NOTICE to Take Deposition of Mark Labay on October 12, 2021 filed by NRT Technologies, Inc., NRT Technology Corp..(Vavala, Christina)
|
|
Filing 258
NOTICE to Take Deposition of Wendy Colosi on October 12, 2021 filed by NRT Technologies, Inc., NRT Technology Corp..(Vavala, Christina)
|
|
ORAL ORDER TO SHOW CAUSE re D.I. #255 redacting Exhibits A-C in their entirety: On or before close of business on October 14, 2021, Defendant shall submit a letter of no more than three (3) pages offering a factually detailed explanation as to why disclosure of Exhibits A-C of D.I. 240 would "work a clearly defined and serious injury to the party seeking closure." See In re Avandia Mktg., Sales Practices & Prods. Liab. Litig., 924 F.3d 662, 672 (3d Cir. 2019) (quoting Miller v. Ind. Hosp., 16 F.3d 549, 551 (3d Cir. 1994) (internal quotation marks omitted)). Absent a compelling reason, supported by a statement under oath by a party, redactions in their entirety are impermissible; redactions must be done so as to redact the least possible amount of the materials submitted. If the Court determines that the decision to seal Exhibits A-C in their entirety lacks a meritorious basis after review of the letter submission, the documents will be unsealed either in whole or in part. Ordered by Judge Sherry R. Fallon on 10/7/2021. (lih)
|
|
Filing 257
DECLARATION re #256 Reply Brief by NRT Technologies, Inc., NRT Technology Corp.. (Vavala, Christina) Modified on 10/7/2021 (lih).
|
|
Filing 256
REPLY BRIEF re #223 MOTION for Leave to File Second Amended Complaint filed by NRT Technologies, Inc., NRT Technology Corp.. (Attachments: #1 Exhibit A)(Vavala, Christina)
|
|
Filing 255
REDACTED VERSION of #240 Declaration by Everi Holdings Inc., Everi Payments Inc.. (Attachments: #1 Exhibit A through L)(Poff, Adam) (Attachment 1 replaced on 10/15/2021) (lih).
|
|
Filing 254
REDACTED VERSION of #239 Answering Brief in Opposition by Everi Holdings Inc., Everi Payments Inc.. (Poff, Adam)
|
|
Filing 253
NOTICE OF SERVICE of 1) Defendants' Responses and Objections to Plaintiffs' Second Set of Non-Authentication Related Requests for Admission; 2) Defendants' Responses and Objections to Plaintiffs' Second Set of Authentication Related Requests for Admissions; and 3) Defendants Everi Holdings Inc. and Everi Payments Inc.'s Second Supplemental Responses and Objections to Plaintiffs NRT Technology Corp. and NRT Technologies, Inc.'s First Set of Interrogatories to Defendants filed by Everi Holdings Inc., Everi Payments Inc..(Poff, Adam)
|
|
Filing 252
NOTICE OF SERVICE of (1) Plaintiffs NRT Technology Corp. and NRT Technologies, Inc.'s Fourth Amended Disclosures, (2) Plaintiffs' Fifth Supplemental Answers and Objections to Defendants Everi Holdings Inc. and Everi Payments Inc.'s First Set of Interrogatories, (3) Plaintiffs' Answers and Objections to Defendants Everi Holdings Inc. and Everi Payments Inc.'s Fourth Set of Interrogatories, and (4) Plaintiffs' to Defendants Everi Holdings Inc. and Everi Payments Inc.'s First Set of Requests for Admission filed by NRT Technologies, Inc., NRT Technology Corp..(Vavala, Christina)
|
|
Filing 251
NOTICE of Third-Party Subpoena to Juliet Lim (Fifth Amended) by NRT Technologies, Inc., NRT Technology Corp. (Vavala, Christina)
|
|
Filing 250
NOTICE to Take Deposition of Cal Roskeland on October 8, 2021 (Amended) filed by NRT Technologies, Inc., NRT Technology Corp..(Vavala, Christina)
|
|
Filing 249
NOTICE to Take Deposition of Jock West on October 18, 2021 filed by Everi Holdings Inc., Everi Payments Inc.. (Attachments: #1 Subpoena to Jock West)(Poff, Adam)
|
|
Filing 248
NOTICE to Take Deposition of Rosa LaRicchia on October 15, 2021 filed by Everi Holdings Inc., Everi Payments Inc..(Poff, Adam)
|
|
Filing 247
NOTICE to Take Deposition of Michael Dominelli on October 13, 2021 filed by Everi Holdings Inc., Everi Payments Inc..(Poff, Adam)
|
|
Filing 246
NOTICE to Take Deposition of Mesa Whitehurst on October 13, 2021 (Amended) filed by NRT Technologies, Inc., NRT Technology Corp..(Vavala, Christina)
|
|
Filing 245
NOTICE to Take Deposition of John Dominelli on October 12, 2021 filed by Everi Holdings Inc., Everi Payments Inc..(Poff, Adam)
|
|
Filing 244
NOTICE to Take Deposition of George Tjilos on October 15, 2021 filed by Everi Holdings Inc., Everi Payments Inc..(Poff, Adam)
|
|
Filing 243
NOTICE to Take Deposition of Diran Kludjian on October 14, 2021 filed by Everi Holdings Inc., Everi Payments Inc..(Poff, Adam)
|
|
Filing 242
NOTICE OF SERVICE of Defendants Everi Holdings Inc. and Everi Payments Inc.'s Responses and Objections to Plaintiffs NRT Technology Corp. and NRT Technologies, Inc.'s Third Set of Interrogatories to Defendants filed by Everi Holdings Inc., Everi Payments Inc..(Poff, Adam)
|
|
Filing 241
SUBPOENA Returned Executed as to Karim A. Maskatiya on September 24, 2021 (Vavala, Christina)
|
|
Filing 240
[SEALED] DECLARATION of William E. O'Neil re #239 Answering Brief in Opposition by Everi Holdings Inc., Everi Payments Inc.. (Attachments: #1 Exhibit A - G, #2 Exhibit H - L)(Poff, Adam) Modified on 9/30/2021 (lih).
|
|
Filing 239
[SEALED] ANSWERING BRIEF in Opposition re #223 MOTION for Leave to File Second Amended Complaint filed by Everi Holdings Inc., Everi Payments Inc..Reply Brief due date per Local Rules is 10/7/2021. (Poff, Adam)
|
|
CORRECTING ENTRY: Pursuant to request from the filer, D.I. numbers 239 and 240 have been removed from the docket and will be re-filed at a later time. (lih)
|
|
Filing 238
NOTICE OF SERVICE of Everi Holdings Inc. and Everi Payments Inc.'s Second Amended Initial Disclosures Pursuant to Fed. R. Civ. P. 26(e) filed by Everi Holdings Inc., Everi Payments Inc..(Poff, Adam)
|
|
Filing 237
NOTICE to Take Deposition of Steve Pugliese on October 1, 2021 filed by NRT Technologies, Inc., NRT Technology Corp..(Vavala, Christina)
|
|
Filing 236
NOTICE to Take Deposition of Chris Henderson on September 29, 2021 filed by NRT Technologies, Inc., NRT Technology Corp..(Vavala, Christina)
|
|
Filing 235
NOTICE to Take Deposition of Kirk Sanford on September 28, 2021 filed by NRT Technologies, Inc., NRT Technology Corp..(Vavala, Christina)
|
|
Filing 234
NOTICE of Third-Party Subpoena to Juliet Lim (Fourth Amended) by NRT Technologies, Inc., NRT Technology Corp. (Vavala, Christina)
|
|
SO ORDERED- re #233 MOTION for Pro Hac Vice Appearance of Attorney William ONeil. Signed by Judge Sherry R. Fallon on 9/22/2021. (lih)
|
|
Filing 233
MOTION for Pro Hac Vice Appearance of Attorney William ONeil - filed by Everi Holdings Inc., Everi Payments Inc.. Motions referred to Sherry R. Fallon.(Poff, Adam)
|
|
Filing 232
NOTICE to Take Deposition of Ernie Bulleri on September 24, 2021 filed by NRT Technologies, Inc., NRT Technology Corp..(Vavala, Christina)
|
|
Filing 231
NOTICE to Take Deposition of John "Jock" West on September 24, 2021 filed by NRT Technologies, Inc., NRT Technology Corp..(Vavala, Christina)
|
|
Filing 230
NOTICE to Take Deposition of Steven Johnson on September 29, 2021 filed by NRT Technologies, Inc., NRT Technology Corp..(Vavala, Christina)
|
|
Filing 229
NOTICE to Take Deposition of Keith Boucher on September 22, 2021 filed by NRT Technologies, Inc., NRT Technology Corp..(Vavala, Christina)
|
|
Filing 228
NOTICE OF SERVICE of Subpoenas to Testify at a Deposition filed by Everi Holdings Inc., Everi Payments Inc..(Poff, Adam)
|
|
Filing 227
NOTICE to Take Deposition of Steven Johnson on September 29, 2021 filed by Everi Holdings Inc., Everi Payments Inc..(Poff, Adam)
|
|
Filing 226
NOTICE to Take Deposition of Keith Boucher on September 22, 2021 filed by Everi Holdings Inc., Everi Payments Inc..(Poff, Adam)
|
|
Filing 225
NOTICE to Take Deposition of Jock West on September 24, 2021 filed by Everi Holdings Inc., Everi Payments Inc..(Poff, Adam)
|
|
Filing 224
NOTICE to Take Deposition of Ernie Bulleri on September 24, 2021 filed by Everi Holdings Inc., Everi Payments Inc..(Poff, Adam)
|
|
Filing 223
MOTION for Leave to File Second Amended Complaint - filed by NRT Technologies, Inc., NRT Technology Corp.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Rule 7.1.1 Certification)Motions referred to Sherry R. Fallon.(Vavala, Christina) Modified on 9/16/2021 (lih).
|
|
Filing 222
NOTICE OF SERVICE of Defendants' Notice of Rule 30(b)(6) Deposition of Plaintiffs NRT Technology Corp. and NRT Technologies, Inc. filed by Everi Holdings Inc., Everi Payments Inc..(Poff, Adam)
|
|
Filing 221
SUBPOENA Returned Executed as to Mesa Whitehurst on September 9, 2021 (Vavala, Christina)
|
|
Filing 220
NOTICE to Take Deposition of Randy Taylor on September 28, 2021 filed by NRT Technologies, Inc., NRT Technology Corp..(Vavala, Christina)
|
|
Filing 219
NOTICE to Take Deposition of Darren Simmons on September 30, 2021 filed by NRT Technologies, Inc., NRT Technology Corp..(Vavala, Christina)
|
|
Filing 218
NOTICE to Take Deposition of David Shinsky on September 27, 2021 filed by NRT Technologies, Inc., NRT Technology Corp..(Vavala, Christina)
|
|
Filing 217
NOTICE to Take Deposition of Michael Rumbolz on October 1, 2021 filed by NRT Technologies, Inc., NRT Technology Corp..(Vavala, Christina)
|
|
Filing 216
NOTICE to Take Deposition of Cal Roskeland on September 24, 2021 filed by NRT Technologies, Inc., NRT Technology Corp..(Vavala, Christina)
|
|
Filing 215
NOTICE to Take Deposition of Steve Pugliese on September 23, 2021 filed by NRT Technologies, Inc., NRT Technology Corp..(Vavala, Christina)
|
|
Filing 214
NOTICE to Take Deposition of Krista McBrayer on September 21, 2021 filed by NRT Technologies, Inc., NRT Technology Corp..(Vavala, Christina)
|
|
Filing 213
NOTICE to Take Deposition of Chris Henderson on September 22, 2021 filed by NRT Technologies, Inc., NRT Technology Corp..(Vavala, Christina)
|
|
Filing 212
NOTICE to Take Deposition of Wendy Colosi on September 29, 2021 filed by NRT Technologies, Inc., NRT Technology Corp..(Vavala, Christina)
|
|
Filing 211
NOTICE of Second Amended Third-Party Subpoenas to Karim A. Maskatiya by NRT Technologies, Inc., NRT Technology Corp. (Vavala, Christina)
|
|
Filing 210
NOTICE of Amended Third-Party Subpoenas to Karim A. Maskatiya by NRT Technologies, Inc., NRT Technology Corp. (Vavala, Christina)
|
|
Filing 209
NOTICE of Third-Party Subpoenas to Mesa Whitehurst by NRT Technologies, Inc., NRT Technology Corp. (Vavala, Christina)
|
|
Filing 208
NOTICE OF SERVICE of 1) Defendants Everi Holdings Inc. and Everi Payments Inc.'s Fourth Set of Interrogatories to Plaintiffs; and 2) Defendants Everi Holdings Inc. and Everi Payments Inc.'s First Set of Requests for Admission to Plaintiffs filed by Everi Holdings Inc., Everi Payments Inc..(Poff, Adam)
|
|
Filing 207
NOTICE OF SERVICE of Plaintiffs NRT Technology Corp. and NRT Technologies, Inc.'s Second Set of Requests for Admission (Non-Authentication) to Defendants Everi Holdings Inc. and Everi Payments Inc. (Nos. 19-30) filed by NRT Technologies, Inc., NRT Technology Corp..(Vavala, Christina)
|
|
Filing 206
NOTICE OF SERVICE of Plaintiffs' Second Set of Authentication Related Requests for Admissions to Defendants (Nos. 139-731) filed by NRT Technologies, Inc., NRT Technology Corp..(Vavala, Christina)
|
|
Filing 205
NOTICE OF SERVICE of Plaintiffs NRT Technology Corp. and NRT Technologies, Inc.'s Third Set of Interrogatories to Defendants Everi Holdings Inc. and Everi Payments Inc.'s (Nos. 17-25) filed by NRT Technologies, Inc., NRT Technology Corp..(Vavala, Christina)
|
|
Filing 204
SUBPOENA Returned Executed as to Fox Rothschild LLP on August 17, 2021 (Vavala, Christina)
|
|
Filing 203
NOTICE OF SERVICE of Cross-Subpoena on Wynn Resorts, Limited. filed by Everi Holdings Inc., Everi Payments Inc.. (Attachments: #1 Exhibit A)(Poff, Adam)
|
|
CORRECTING ENTRY: The ORDER at D.I. 189 has been replaced with an updated document reflecting a fifteen (15) page limit for mediation submissions and edits to paragraph 3(b) of the ORDER. The parties are directed to the ORDER for more details. (Taylor, Daniel)
|
|
Filing 202
NOTICE OF SERVICE of Defendants Everi Holdings Inc. and Everi Payments Inc.'s Responses and Objections to Plaintiffs NRT Technology Corp. and NRT Technologies, Inc.'s First Rule 30(b)(6) Deposition Notice filed by Everi Holdings Inc., Everi Payments Inc..(Poff, Adam)
|
|
SO ORDERED- re #201 MOTION for Pro Hac Vice Appearance of Attorney Brandon Gould. Signed by Judge Sherry R. Fallon on 8/24/2021. (lih)
|
|
Filing 201
MOTION for Pro Hac Vice Appearance of Attorney Brandon Gould - filed by Everi Holdings Inc., Everi Payments Inc.. Motions referred to Sherry R. Fallon.(Poff, Adam)
|
|
Filing 200
NOTICE OF SERVICE of Plaintiffs' Responses and Objections to Defendants Everi Holdings Inc. and Everi Payments Inc.'s Fifth Set of Requests for Production (Nos. 92-95) filed by NRT Technologies, Inc., NRT Technology Corp..(Vavala, Christina)
|
|
Filing 199
Second Amended NOTICE of Amended Third-Party Subpoena to Wynn Resorts, Limited by NRT Technologies, Inc., NRT Technology Corp. (Vavala, Christina) Modified on 8/23/2021 (lih).
|
|
Filing 198
NOTICE of Third-Party Subpoena to Juliet Lim (Third Amended) by NRT Technologies, Inc., NRT Technology Corp. (Vavala, Christina)
|
|
Filing 197
NOTICE of Third-Party Subpoena to Juliet Lim (Second Amended) by NRT Technologies, Inc., NRT Technology Corp. (Vavala, Christina)
|
|
ORAL ORDER re: D.I. #185 : Having reviewed the entirety of the in camera production by Everi of 115 documents identified on the privilege log, and having concluded that Everi did not misapply the attorney client or work product protections, IT IS HEREBY ORDERED that NRT's motion to compel the production of complete and unredacted versions of these documents is DENIED. Signed by Judge Sherry R. Fallon on 8/18/2021. (lih)
|
|
Filing 196
SUBPOENA Returned Executed as to MEI-GSR Holdings LLC on August 9, 2021 (Vavala, Christina)
|
|
Filing 195
SUBPOENA Returned Executed as to Las Vegas Resort Holdings, LLC on August 9, 2021 (Vavala, Christina)
|
|
Filing 194
Amended NOTICE of Third-Party Subpoena to Wynn Resorts, Limited by NRT Technologies, Inc., NRT Technology Corp. (Vavala, Christina)
|
|
Filing 193
NOTICE of Third-Party Subpoena to Fox Rothschild LLP by NRT Technologies, Inc., NRT Technology Corp. (Vavala, Christina)
|
|
Filing 192
Amended NOTICE of Third-Party Subpoena to Norton Rose & Fulbright LLP by NRT Technologies, Inc., NRT Technology Corp. (Vavala, Christina)
|
|
Filing 191
AFFIDAVIT of Service for Subpoena to Produce Documents served on Jillian Roberts on July 8, 2021, filed by Everi Holdings Inc., Everi Payments Inc.. (Poff, Adam)
|
|
Filing 190
AFFIDAVIT of Service for Subpoena to Testify at Deposition served on Jillian Roberts on July 8, 2021, filed by Everi Holdings Inc., Everi Payments Inc.. (Poff, Adam)
|
|
Filing 189
ORDER Setting Mediation Conferences: A Video/Virtual Mediation Conference is set for 10/15/2021 at 11:00 AM before Judge Mary Pat Thynge. See ORDER for details. Signed by Judge Mary Pat Thynge on 8/9/2021. (Taylor, Daniel) (Main Document 189 replaced on 8/26/2021) (Taylor, Daniel).
|
|
Filing 188
SUBPOENA Returned Executed as to Robert P. Cucinotta on July 22, 2021 (Vavala, Christina)
|
|
Filing 187
SUBPOENA Returned Executed as to Karim A. Maskatiya on July 27, 2021 (Vavala, Christina)
|
|
Filing 186
NOTICE OF SERVICE of (1) Plaintiffs' Answers and Objections to Defendants Everi Holdings Inc. and Everi Payments Inc.'s Second Set of Interrogatories, (2) Plaintiffs' Answers and Objections to Defendants Everi Holdings Inc. and Everi Payments Inc.'s Third Set of Interrogatories, (3) Plaintiffs' Answers and Objections to Defendants Everi Holdings Inc. and Everi Payments Inc.'s Third Set of Requests for Production, and (4) Plaintiffs' Answers and Objections to Defendants Everi Holdings Inc. and Everi Payments Inc.'s Fourth Set of Requests for Production filed by NRT Technologies, Inc., NRT Technology Corp..(Vavala, Christina)
|
|
Filing 185
Letter to The Honorable Sherry R. Fallon from Adam W. Poff regarding submission of privileged documents for in camera review - re Oral Order. (Poff, Adam) Modified on 8/16/2021 (lih).
|
|
Filing 184
REDACTED VERSION of #178 Letter, by Everi Holdings Inc., Everi Payments Inc.. (Attachments: #1 Exhibit 1 -11)(Poff, Adam)
|
|
Filing 183
NOTICE of Third-Party Subpoenas to Las Vegas Resort Holdings LLC and MEI-GSR Holdings LLC by NRT Technologies, Inc., NRT Technology Corp. (Vavala, Christina)
|
|
Filing 182
NOTICE OF SERVICE of 1) Defendants Everi Holdings Inc. and Everi Payments Inc.'s Responses and Objections to Plaintiffs NRT Technology Corp. and NRT Technologies, Inc.'s Third Set of Requests for Production to Defendants; 2) Defendants' Responses and Objections to Plaintiffs' First Set of Non-Authentication Related Requests for Admission; and 3) Defendants Everi Holdings Inc. and Everi Payments Inc.'s Responses and Objections to Plaintiffs NRT Technology Corp. and NRT Technologies, Inc.'s Second Set of Interrogatories to Defendants filed by Everi Holdings Inc., Everi Payments Inc..(Poff, Adam)
|
|
Filing 181
REDACTED VERSION of #174 Letter by NRT Technologies, Inc., NRT Technology Corp.. (Attachments: #1 Exhibits A-BB)(Vavala, Christina) Modified on 8/5/2021 (lih).
|
|
Filing 180
REDACTED VERSION of #173 Notice of Deposition to Defendants Everi Holdings Inc. and Everi Payments Inc. by NRT Technologies, Inc., NRT Technology Corp.. (Attachments: #1 Exhibit A)(Vavala, Christina) Modified on 8/4/2021 (lih).
|
|
Filing 179
REDACTED VERSION of #172 Motion for Teleconference to Resolve Discovery Dispute by NRT Technologies, Inc., NRT Technology Corp.. (Attachments: #1 Exhibit A)(Vavala, Christina)
|
|
Minute Entry for proceedings held before Judge Sherry R. Fallon - Discovery Dispute Telephone Conference held on 8/3/2021. (Court Reporter S. Vickers (Hawkins Reporting).) (lih)
|
|
REDACTION NOTICE: In accordance with section G of the Administrative Procedures Governing Filing and Service by Electronic Means, redacted versions of sealed documents shall be filed electronically within 7 days of the filing of the sealed document. The records of this case do not reflect the filing of a redacted version of DI #172 . (lih)
|
|
ORAL ORDER: The transcript of the August 3, 2021 discovery dispute teleconference shall serve as the Order of the Court. In accordance with the rulings made on the record, IT IS HEREBY ORDERED that: (1) NRT's motion to compel Everi to apply NRT's third revised search terms is GRANTED-IN-PART. On or before August 10, 2021, NRT shall submit to Everi a proposal of fourth revised search terms. Everi shall respond to NRT's fourth proposal on or before August 17. The parties shall then meet and confer and, if no agreement is reached, the parties shall notify the Court on or before August 24, 2021 and request a date for the dispute to be heard. NRT bears the burden to demonstrate that it is employing strategies to limit its search terms to yield relevant documents proportional to the needs of the case. See Delaware Default Standard for Discovery, ¶ 5(b); Frontier Communications Corp. v. Google Inc., 2014 WL 12606321, at 5 (D. Del. Feb. 3, 2014); (2) NRT's motion to compel Everi to supplement its responses to eight interrogatories is not ripe for resolution; (3) NRT's request for the production of financial data on 117 customers exceeds the bounds of the Court's May 2021 discovery dispute order and is therefore DENIED; (4) NRT's request for the appointment of a Special Master is DENIED. On or before Friday, August 6, 2021, Everi shall produce two tabbed binders of the 115 documents in issue to the Clerk's Office, labeled for in camera review. The Court will conduct an in camera review of a sampling of those documents and issue a ruling on whether the privilege is properly invoked and whether any further production is warranted. Ordered by Judge Sherry R. Fallon on 8/3/2021. (lih)
|
|
Filing 178
[SEALED] Letter to The Honorable Sherry R. Fallon from Adam W. Poff regarding in Oppostion to NRT Technology Corp. and NRT Technologies, Inc.'s Motion to Compel Certain Discovery from Every - re #174 Letter. (Attachments: #1 Exhibit 1 through 11)(Poff, Adam)
|
|
Filing 177
PROPOSED ORDER regarding Discovery Disputes re #174 Letter by NRT Technologies, Inc., NRT Technology Corp.. (Vavala, Christina)
|
|
Filing 176
REDACTED VERSION of #164 Motion for Teleconference to Resolve Discovery Dispute by NRT Technologies, Inc., NRT Technology Corp.. (Attachments: #1 Exhibit A)(Vavala, Christina)
|
|
Filing 175
NOTICE OF SERVICE of Defendants Everi Holdings Inc and Everi Payments Inc.'s First Supplemental Responses & Objections to Plaintiffs NRT Technology Corp and NRT Technologies, Inc.'s First Set of Interrogatories to Defendants filed by Everi Holdings Inc., Everi Payments Inc..(Poff, Adam)
|
|
Filing 174
[SEALED] Letter to The Honorable Sherry R. Fallon from Christina B. Vavala regarding Discovery Disputes . (Attachments: #1 Exhibits A-H, #2 Exhibits I-J, #3 Exhibits K-BB)(Vavala, Christina) Modified on 7/28/2021 (lih).
|
|
Filing 173
[SEALED] NOTICE of Deposition to Defendants Everi Holdings Inc. and Everi Payments Inc. Under Federal Rule of Civil Procedure 30(b)(6) by NRT Technologies, Inc., NRT Technology Corp. (Attachments: #1 Exhibit A)(Vavala, Christina)
|
|
REDACTION NOTICE: In accordance with section G of the Administrative Procedures Governing Filing and Service by Electronic Means, redacted versions of sealed documents shall be filed electronically within 7 days of the filing of the sealed document. The records of this case do not reflect the filing of a redacted version of DI #164 . (lih)
|
|
Filing 172
[SEALED] MOTION for Teleconference to Resolve Discovery Dispute - filed by NRT Technologies, Inc., NRT Technology Corp.. (Attachments: #1 Exhibit A)Motions referred to Sherry R. Fallon.(Vavala, Christina) Modified on 7/26/2021 (lih).
|
|
Filing 171
NOTICE OF SERVICE of 1) Subpoena to Testify at a Deposition in a Civil Action; and 2) Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civl Action, issued to John "Jock" West filed by Everi Holdings Inc., Everi Payments Inc..(Poff, Adam)
|
|
Filing 170
NOTICE of Amended Third-Party Subpoena to Juliet Lim by NRT Technologies, Inc., NRT Technology Corp. (Vavala, Christina)
|
|
Filing 169
NOTICE OF SERVICE of Defendants Everi Holdings Inc and Everi Payments Inc.'s Fifth Set of Requests for Production to Plaintiffs filed by Everi Holdings Inc., Everi Payments Inc..(Poff, Adam)
|
|
ORAL ORDER- re #172 Motion for Teleconference to Resolve Discovery Dispute. The court shall hear this dispute during the discovery dispute teleconference set in this matter for August 3, 2021 at 11:00 AM. Plaintiff's moving letter submission shall be filed on or before July 28, 2021 at 11:00 a.m. and shall not exceed six (6) pages. Defendant's responsive letter submission shall be filed on or before July 29, 2021 at 11:00 a.m. and shall not exceed six (6) pages. The aforementioned page limitations shall be used to address all six disputes. The Court may choose to resolve the dispute prior to the telephone conference and will, in that event, cancel the conference. Ordered by Judge Sherry R. Fallon on 7/26/2021. (lih) Modified on 7/26/2021 (lih).
|
|
SO ORDERED- re #168 STIPULATION TO EXTEND TIME. Set Scheduling Order Deadlines ( Fact Discovery completed by 10/1/2021., Opening Expert Reports due by 10/29/2021., Rebuttal Expert Reports due by 12/10/2021., Expert Discovery due by 2/11/2022., Dispositive Motions due by 3/11/2022.) Signed by Judge Sherry R. Fallon on 7/26/2021. (lih)
|
|
Filing 168
STIPULATION TO EXTEND TIME of Certain Case Deadlines to various (see Stipulation for details) - filed by NRT Technologies, Inc., NRT Technology Corp.. (Vavala, Christina)
|
|
Filing 167
MOTION for Pro Hac Vice Appearance of Attorney Heng Gong - filed by Everi Holdings Inc., Everi Payments Inc.. Motions referred to Sherry R. Fallon.(Poff, Adam)
|
|
CORRECTING ENTRY: The pro hac motion previously filed as D.I. 167 has been deleted. A revised version of the document will be filed shortly. (lih)
|
|
SO ORDERED- re #167 MOTION for Pro Hac Vice Appearance of Attorney Heng Gong. Signed by Judge Sherry R. Fallon on 7/22/2021. (lih)
|
|
Filing 166
NOTICE OF SERVICE of Plaintiffs' Fourth Supplemental Answers and Objections to Defendants Everi Holdings Inc. and Everi Payments Inc.'s First Set of Interrogatories filed by NRT Technologies, Inc., NRT Technology Corp..(Vavala, Christina)
|
|
Filing 165
Amended NOTICE of Third-Party Subpoenas to Jerry L. McCarley and Thomas D. McCarley by NRT Technologies, Inc., NRT Technology Corp. (Attachments: #1 Exhibits 1-2)(Vavala, Christina)
|
|
SO ORDERED- re #164 Motion for Teleconference to Resolve Discovery Dispute. The court shall hear this dispute during the discovery dispute teleconference set in this matter for August 3, 2021 at 11:00 AM. The Court may choose to resolve the dispute prior to the telephone conference and will, in that event, cancel the conference. Signed by Judge Sherry R. Fallon on 7/20/2021. (lih)
|
|
Filing 164
[SEALED] MOTION for Teleconference to Resolve Discovery Dispute - filed by NRT Technologies, Inc., NRT Technology Corp.. (Attachments: #1 Exhibit A)Motions referred to Sherry R. Fallon.(Vavala, Christina) Modified on 7/20/2021 (lih).
|
|
Filing 163
NOTICE OF SERVICE of Plaintiffs NRT Technology Corp. and NRT Technologies, Inc.'s Third Amended Disclosures filed by NRT Technologies, Inc., NRT Technology Corp..(Vavala, Christina)
|
|
Filing 162
NOTICE OF SERVICE of Defendants' Responses and Objections to Plaintiffs' First Set of Authentication Related Requests for Admissions filed by Everi Holdings Inc., Everi Payments Inc..(Kraman, Pilar)
|
|
Filing 161
SUBPOENA Returned Executed as to Robins Kaplan LLP on 7/14/2021 (Vavala, Christina)
|
|
Filing 160
SUBPOENA Returned Executed as to Steve Weisbrod on July 14, 2021 (Vavala, Christina).
|
|
Filing 159
SUBPOENA Returned Executed as to Penn National Gaming, Inc. on July 13, 2021 (Urban, Patricia)
|
|
Filing 158
SUBPOENA Returned Executed as to Monarch Casino & Resort, Inc. on July 13, 2021 (Urban, Patricia)
|
|
CORRECTING ENTRY: The filer name re #160 SUBPOENA Returned Executed as to Steve Weisbrod on July 14, 2021 has been corrected to Christina Vavala. (asw)
|
|
Filing 157
SUBPOENA Returned Executed as to Westgate Resorts, Inc. on 7/9/2021 (Vavala, Christina)
|
|
Filing 156
SUBPOENA Returned Executed as to Meruelo Group LLC on 7/12/2021 (Vavala, Christina)
|
|
Filing 155
SUBPOENA Returned Executed as to Las Vegas Sands Corporation on 7/9/2021 (Vavala, Christina)
|
|
Filing 154
SUBPOENA Returned Executed as to Caesars Entertainment, Inc. on 7/9/2021 (Vavala, Christina)
|
|
Filing 153
SUBPOENA Returned Executed as to Bally's Corporation on 7/12/2021 (Vavala, Christina)
|
|
Filing 152
NOTICE of Subpoenas by NRT Technologies, Inc., NRT Technology Corp. re #150 Notice of Appearance, #53 Protective Order (Attachments: #1 Exhibit Subpoena to Produce Documents, #2 Exhibit Subpoena for Testimony)(Urban, Patricia)
|
|
Filing 151
NOTICE of Subpoenas by NRT Technologies, Inc., NRT Technology Corp. re #150 Notice of Appearance, #53 Protective Order (Attachments: #1 Exhibit Subpoena to Produce Documents, #2 Exhibit Subpoena for Testimony)(Urban, Patricia)
|
|
Filing 150
NOTICE of Appearance by Patricia Rose Urban on behalf of NRT Technologies, Inc., NRT Technology Corp. (Urban, Patricia)
|
|
Filing 149
SUBPOENA Returned Executed as to Pisanelli Bice PLCC on July 6, 2021 (Vavala, Christina)
|
|
Filing 148
SUBPOENA Returned Executed as to Station Casinos LLC on July 8, 2021 (Vavala, Christina)
|
|
Filing 147
NOTICE of Third-Party Subpoenas to Steve Weisbrod by NRT Technologies, Inc., NRT Technology Corp. (Vavala, Christina)
|
|
Filing 146
SUBPOENA Returned Executed as to MGM Resorts International on July 8, 2021 (Vavala, Christina)
|
|
Filing 145
NOTICE of Subpoenas to Karim A. Maskatiya and Robert P. Cucinotta by NRT Technologies, Inc., NRT Technology Corp. (Vavala, Christina)
|
|
Filing 144
NOTICE of Subpoenas to Bally's Corporation and Meruelo Group LLC (Amended) by NRT Technologies, Inc., NRT Technology Corp. (Vavala, Christina)
|
|
Filing 143
NOTICE of Subpoena to Robins Kaplan LLP by NRT Technologies, Inc., NRT Technology Corp. (Vavala, Christina)
|
|
Filing 142
NOTICE OF SERVICE of Notice of Third Party Subpoenas filed by Everi Holdings Inc., Everi Payments Inc..(Poff, Adam)
|
|
Filing 141
NOTICE of Subpoenas to Caesars Entertainment, Inc., Bally's Corporation, Westgate Resorts, Inc., and Meruelo Group LLC by NRT Technologies, Inc., NRT Technology Corp. (Vavala, Christina)
|
|
Filing 140
SUBPOENA Returned Executed as to Kilpatrick Townsend & Stockton LLP on 7/6/2021 (Vavala, Christina)
|
|
Filing 139
NOTICE of Revised Subpoenas to Las Vegas Sands Corporation by NRT Technologies, Inc., NRT Technology Corp. (Vavala, Christina)
|
|
Filing 138
NOTICE of Third Party Subpoenas by Everi Holdings Inc., Everi Payments Inc. (Attachments: #1 Subpoena to Keith Boucher, #2 Subpoena to Gary Dachis, #3 Subpoena to Jillian Roberts, #4 Subpoena to Kirk Sanford)(Poff, Adam)
|
|
Filing 137
NOTICE of Third Party Subpoenas by Everi Holdings Inc., Everi Payments Inc. (Attachments: #1 Exhibit A through D)(Poff, Adam)
|
|
Filing 136
SUBPOENA Returned Executed as to Jerry L. McCarley on June 18, 2021 (Vavala, Christina)
|
|
Filing 135
SUBPOENA Returned Executed as to Thomas D. McCarley on June 19, 2021 (Vavala, Christina)
|
|
Filing 134
SUBPOENA Returned Executed as to University of Nevada, Las Vegas on June 30, 2021 (Vavala, Christina)
|
|
Filing 133
SUBPOENA Returned Executed as to Internet Archive on July 6, 2021 (Vavala, Christina)
|
|
Filing 132
NOTICE of Subpoenas to MGM Resorts International and Station Casinos, LLC by NRT Technologies, Inc., NRT Technology Corp. (Vavala, Christina)
|
|
Filing 131
NOTICE of Subpoena to Steven Johnson by Everi Holdings Inc., Everi Payments Inc. (Attachments: #1 Subpoena to Steven Johnson)(Poff, Adam)
|
|
Filing 130
NOTICE of Subpoena to William Smale by Everi Holdings Inc., Everi Payments Inc. (Attachments: #1 Subpoena to William Smale)(Poff, Adam)
|
|
Filing 129
NOTICE to Take Deposition of DIRAN KLUDJIAN on July 21, 2021 filed by Everi Holdings Inc., Everi Payments Inc..(Poff, Adam)
|
|
Filing 128
NOTICE to Take Deposition of ROSA LARICCHIA on August 2, 2021 filed by Everi Holdings Inc., Everi Payments Inc..(Poff, Adam)
|
|
Filing 127
NOTICE OF SERVICE of 1) Everi Holdings Inc. and Everi Payments Inc.'s Third Set of Requests for Production directed to Plaintiffs; and 2) Defendants Everi Holdings Inc. and Everi Payments Inc.'s Second Set of Interrogatories Directed to Plaintiffs filed by Everi Holdings Inc., Everi Payments Inc..(Poff, Adam)
|
|
Filing 126
SUBPOENA Returned Executed as to Juliet Lim (Subpoena to Testify) on 6/28/2021 (Vavala, Christina)
|
|
Filing 125
SUBPOENA Returned Executed as to Juliet Lim (Subpoena to Produce) on 6/28/2021 (Vavala, Christina)
|
|
Filing 124
SUBPOENA Returned Executed as to Kevin T. LeMond on 6/25/2021 (Vavala, Christina)
|
|
Filing 123
NOTICE OF SERVICE of Plaintiffs NRT Technology Corp. and NRT Technologies, Inc.s Second Amended Disclosures filed by NRT Technologies, Inc., NRT Technology Corp..(Vavala, Christina)
|
|
Filing 122
NOTICE of Subpoena to Pisanelli Bice PLCC by NRT Technologies, Inc., NRT Technology Corp. (Vavala, Christina)
|
|
Filing 121
NOTICE of Subpoena to Norton Rose & Fulbright LLP by NRT Technologies, Inc., NRT Technology Corp. (Vavala, Christina)
|
|
Filing 120
NOTICE of Subpoena to Kilpatrick Townsend & Stockton LLP by NRT Technologies, Inc., NRT Technology Corp. (Vavala, Christina)
|
|
Filing 119
NOTICE of Subpoenas to Las Vegas Sands Corporation by NRT Technologies, Inc., NRT Technology Corp. (Vavala, Christina)
|
|
Filing 118
NOTICE OF SERVICE of Plaintiffs' Third Supplemental Answers and Objections to Defendants Everi Holdings Inc. and Everi Payments Inc.'s First Set of Interrogatories filed by NRT Technologies, Inc., NRT Technology Corp..(Vavala, Christina)
|
|
SO ORDERED- re #117 Motion for Teleconference to Resolve Discovery Dispute. The court shall hear this dispute during the discovery dispute teleconference set in this matter for August 3, 2021 at 11:00 AM. The Court may choose to resolve the dispute prior to the telephone conference and will, in that event, cancel the conference. Signed by Judge Sherry R. Fallon on 7/2/2021. (lih)
|
|
Pro Hac Vice Attorney Daniel D. Owen for NRT Technologies, Inc. and for NRT Technology Corp., added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (twk)
|
|
Filing 117
MOTION for Teleconference to Resolve Discovery Dispute - filed by NRT Technologies, Inc., NRT Technology Corp.. Motions referred to Sherry R. Fallon.(Vavala, Christina) Modified on 7/2/2021 (lih).
|
|
Filing 116
NOTICE OF SERVICE of Plaintiffs NRT Technology Corp. and NRT Technologies, Inc.'s First Set of Requests for Admission (Non-Authentication) to Defendants Everi Holdings Inc. and Everi Payments Inc. (Nos. 1-18) filed by NRT Technologies, Inc., NRT Technology Corp..(Vavala, Christina)
|
|
Filing 115
NOTICE requesting Clerk to remove Isuri M. Lawson as co-counsel. Reason for request: No longer with firm. (Vavala, Christina)
|
|
Filing 114
NOTICE OF SERVICE of Plaintiffs NRT Technology Corp. and NRT Technologies, Inc.'s Second Set of Interrogatories to Defendants Everi Holdings Inc. and Everi Payments Inc. (Nos. 9-16) filed by NRT Technologies, Inc., NRT Technology Corp..(Vavala, Christina)
|
|
Filing 113
NOTICE OF SERVICE of Plaintiffs' Third Set of Requests for Production to Defendants (Nos. 61-90) filed by NRT Technologies, Inc., NRT Technology Corp..(Vavala, Christina)
|
|
Filing 112
NOTICE of Third-Party Subpoena to Internet Archive by NRT Technologies, Inc., NRT Technology Corp. (Vavala, Christina)
|
|
Filing 111
NOTICE of Subpoena to University of Nevada, Las Vegas by NRT Technologies, Inc., NRT Technology Corp. (Vavala, Christina)
|
|
Filing 110
NOTICE of Third Party Subpoenas to Juliet Lim by NRT Technologies, Inc., NRT Technology Corp. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Vavala, Christina)
|
|
Filing 109
Amended NOTICE of Third Party Subpoena to Kevin T. LeMond by NRT Technologies, Inc., NRT Technology Corp. (Attachments: #1 Exhibit 1)(Vavala, Christina)
|
|
Filing 108
SUBPOENA Returned Executed as to Thomas D. McCarley, Subpoena to Testify, on June 18, 2021 (Vavala, Christina)
|
|
Filing 107
SUBPOENA Returned Executed as to Jerry L. McCarley, Subpoena to Testify on July 7, 2021 at 9:00 am (Vavala, Christina)
|
|
Filing 106
NOTICE of Third Party Subpoena to Kevin T. LeMond by NRT Technologies, Inc., NRT Technology Corp. (Attachments: #1 Exhibit 1)(Vavala, Christina)
|
|
Filing 105
NOTICE of Subpoenas to Jerry L. McCarley and Thomas D. McCarley by NRT Technology Corp. (Attachments: #1 Exhibits 1-2)(Vavala, Christina)
|
|
Filing 104
MOTION for Teleconference to Resolve Discovery Dispute - filed by NRT Technologies, Inc., NRT Technology Corp.. Motions referred to Sherry R. Fallon.(Vavala, Christina) Modified on 6/17/2021 (lih).
|
|
Filing 103
NOTICE OF SERVICE of Plaintiffs' First Set of Authentication Related Requests for Admissions to Defendants filed by NRT Technologies, Inc., NRT Technology Corp..(Vavala, Christina)
|
|
SO ORDERED- re #104 MOTION for Teleconference to Resolve Discovery Dispute. A Telephone Conference is set for 8/3/2021 at 11:00 AM before Judge Sherry R. Fallon. In preparation for this hearing the parties shall follow the Discovery Matters and Disputes procedure as set forth in the Order regarding discovery matters available at www.ded.uscourts.gov/judge/magistrate-judge-sherry-r-fallon. The Court may choose to resolve the disputes prior to the telephone conference and will, in that event, cancel the conference. Set Deadlines: (Moving Submission due by no later than 11:00 AM on 7/29/2021, Responsive submission due by no later than 11:00 AM on 7/30/2021). Signed by Judge Sherry R. Fallon on 6/17/2021. (lih)
|
|
Filing 102
NOTICE OF SERVICE of Plaintiffs NRT Technology Corp. and NRT Technologies, Inc.'s Second Supplemental Answers and Objections to Defendants Everi Holdings Inc. and Everi Payments Inc.'s First Set of Interrogatories filed by NRT Technologies, Inc., NRT Technology Corp..(Vavala, Christina)
|
|
Filing 101
REDACTED VERSION of #99 Letter by Everi Holdings Inc., Everi Payments Inc.. (Attachments: #1 Exhibit 1 - 7)(Poff, Adam)
|
|
Filing 100
REDACTED VERSION of #98 Letter by NRT Technologies, Inc., NRT Technology Corp.. (Attachments: #1 Text of Proposed Order, #2 Exhibits A-Y)(Vavala, Christina)
|
|
REDACTION NOTICE: In accordance with section G of the Administrative Procedures Governing Filing and Service by Electronic Means, redacted versions of sealed documents shall be filed electronically within 7 days of the filing of the sealed document. The records of this case do not reflect the filing of a redacted version of DI #98 . (lih)
|
|
Minute Entry for proceedings held before Judge Sherry R. Fallon - Discovery Dispute Telephone Conference held on 5/20/2021. (Court Reporter S. Vickers (Hawkins Reporting).) (lih)
|
|
ORAL ORDER- re #93 MOTION for Discovery Dispute Teleconference. The transcript of the discovery dispute teleconference held on 5/20/2021 shall serve as the order of the court. Ordered by Judge Sherry R. Fallon on 5/20/2021. (lih)
|
|
NOTICE: Per Magistrate Judge Fallon's Standing Order Regarding Courtesy Copies, which requires two (2) courtesy copies of all briefs and two (2) copies of any other document filed in support of any briefs (i.e., appendices, exhibits, declarations, affidavits etc.), please submit to the Clerk's Office two copies of D.I. #99 . (Polito, Rebecca)
|
|
Filing 99
[SEALED] Letter to The Honorable Sherry R. Fallon from Adam W. Poff regarding Opposition to NRT's Motion to Compel Certain Discovery - re #98 Letter. (Attachments: #1 Exhibit 1 - 7)(Poff, Adam) Modified on 5/18/2021 (lih).
|
|
Filing 98
[SEALED] Letter to The Honorable Sherry R. Fallon from Christina B. Vavala regarding Discovery Dispute. (Attachments: #1 Text of Proposed Order, #2 Exhibits A-Y)(Vavala, Christina)
|
|
Filing 97
STIPULATION to Amend Protective Order by NRT Technologies, Inc., NRT Technology Corp.. (Vavala, Christina)
|
|
SO ORDERED- re #97 STIPULATION to Amend Protective Order. Signed by Judge Sherry R. Fallon on 5/7/2021. (lih)
|
|
Filing 96
NOTICE requesting Clerk to remove Amy D. Fitts as co-counsel. Reason for request: no longer involved in the matter. (Vavala, Christina)
|
|
Filing 95
MOTION for Pro Hac Vice Appearance of Attorney Daniel D. Owen - filed by NRT Technologies, Inc., NRT Technology Corp.. Motions referred to Sherry R. Fallon.(Vavala, Christina)
|
|
SO ORDERED- re #95 MOTION for Pro Hac Vice Appearance of Attorney Daniel D. Owen. Signed by Judge Sherry R. Fallon on 5/5/2021. (lih)
|
|
Filing 94
NOTICE OF SERVICE of First Supplemental Answers and Objections to Defendants Everi Holdings Inc. and Everi Payments Inc.'s First Set of Interrogatories filed by NRT Technologies, Inc., NRT Technology Corp..(Vavala, Christina)
|
|
SO ORDERED- re #93 MOTION for Discovery Dispute Teleconference. A Telephone Conference is set for 5/20/2021 at 02:00 PM before Judge Sherry R. Fallon. In preparation for this hearing the parties shall follow the Discovery Matters and Disputes procedure as set forth in the Order regarding discovery matters available at www.ded.uscourts.gov/judge/magistrate-judge-sherry-r-fallon. The Court may choose to resolve the dispute prior to the telephone conference and will, in that event, cancel the conference. Set Deadlines: (Moving Submission due by no later than 2:00 PM on 5/17/2021, Responsive submission due by no later than 2:00 PM on 5/18/2021). Signed by Judge Sherry R. Fallon on 4/26/2021. (lih)
|
|
Filing 93
MOTION for Discovery Dispute Teleconference - filed by NRT Technologies, Inc., NRT Technology Corp.. Motions referred to Sherry R. Fallon.(Vavala, Christina) Modified on 4/26/2021 (lih).
|
|
Filing 92
NOTICE OF SERVICE of 1) Everi Holdings Inc. and Everi Payments Inc.'s Amended Paragraph 3 Initial Disclosures and 2) Everi Holdings Inc. and Everi Payments Inc.'s Amended Initial Disclosures Pursuant to Fed. R. Civ. P. 26(e) filed by Everi Holdings Inc., Everi Payments Inc..(Poff, Adam)
|
|
Filing 91
NOTICE OF SERVICE of First Amended Disclosures filed by NRT Technologies, Inc., NRT Technology Corp..(Vavala, Christina)
|
|
SO ORDERED- re #90 Joint STIPULATION TO EXTEND TIME for the substantial completion of document production to May 7, 2021. Signed by Judge Sherry R. Fallon on 3/26/2021. (lih)
|
|
Filing 90
Joint STIPULATION TO EXTEND TIME for the substantial completion of document production to May 7, 2021, and to further agree to good faith negotiations regarding document production prior thereto - filed by Everi Holdings Inc., Everi Payments Inc.. (Poff, Adam)
|
|
Filing 89
NOTICE of Third Party Subpoenas Served on Wynn Resorts, Limited by Everi Holdings Inc., Everi Payments Inc. (Attachments: #1 Subpoenas)(Poff, Adam)
|
|
Filing 88
NOTICE of Third Party Subpoenas Served on Nevada Property 1 LLC by Everi Holdings Inc., Everi Payments Inc. (Attachments: #1 Subpoenas)(Poff, Adam)
|
|
Pro Hac Vice Attorney Amy D. Fitts for NRT Technologies, Inc. and NRT Technology Corp. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (kmd)
|
|
SO ORDERED- re #87 MOTION for Pro Hac Vice Appearance of Attorney Amy D. Fitts. Signed by Judge Sherry R. Fallon on 3/22/2021. (lih)
|
|
Filing 87
MOTION for Pro Hac Vice Appearance of Attorney Amy D. Fitts - filed by NRT Technologies, Inc., NRT Technology Corp.. Motions referred to Sherry R. Fallon.(Vavala, Christina)
|
|
Filing 86
SUBPOENA Returned Executed as to Wynn Resorts, Limited, Subpoena to Testify, on 03/09/2021 (Vavala, Christina)
|
|
Filing 85
SUBPOENA Returned Executed as to Wynn Resorts, Limited, Subpoena to Produce, on 03/09/2021 (Vavala, Christina)
|
|
Filing 84
NOTICE OF SERVICE of Responses and Objections to Defendants Everi Holdings Inc. and Everi Payments Inc.'s Second Set of Requests for Production (Nos. 45-60) filed by NRT Technologies, Inc., NRT Technology Corp..(Vavala, Christina)
|
|
Pro Hac Vice Attorneys Elizabeth M. Marden, Isuri M. Lawson, Melenie Van for NRT Technologies, Inc. and NRT Technology Corp. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (kmd)
|
|
Filing 83
MOTION for Pro Hac Vice Appearance of Attorney Elizabeth M. Marden, Isuri M. Lawson, and Melenie Van - filed by NRT Technologies, Inc., NRT Technology Corp.. Motions referred to Sherry R. Fallon.(Vavala, Christina)
|
|
SO ORDERED- re #83 MOTION for Pro Hac Vice Appearance of Attorney Elizabeth M. Marden, Isuri M. Lawson, and Melenie Van. Signed by Judge Sherry R. Fallon on 3/15/2021. (lih)
|
|
Filing 82
SUBPOENA Returned Executed as to Nevada Property I LLC dba The Cosmopolitan of Las Vegas, Subpoena to Testify, on 3/10/2021 (Vavala, Christina)
|
|
Filing 81
SUBPOENA Returned Executed as to Nevada Property I LLC dba The Cosmopolitan of Las Vegas, Subpoena to Produce, on 3/10/2021 (Vavala, Christina)
|
|
Filing 80
NOTICE of Third-Party Subpoenas to Wynn Resorts, Limited by NRT Technologies, Inc., NRT Technology Corp. (Attachments: #1 Exhibits 1-2)(Vavala, Christina)
|
|
Filing 79
NOTICE of Third-Party Subpoenas to Nevada Property 1 LLC d/b/a The Cosmopolitan of Las Vegas by NRT Technologies, Inc., NRT Technology Corp. (Attachments: #1 Exhibits 1-2)(Vavala, Christina)
|
|
Filing 78
ORDER- #77 Memorandum Opinion denying re #57 MOTION to Disqualify Colby Springer, Polsinelli PC and Polsinelli LLP as Counsel for Plaintiffs. Signed by Judge Sherry R. Fallon on 2/26/2021. (lih)
|
|
Filing 77
MEMORANDUM OPINION. Signed by Judge Sherry R. Fallon on 2/26/2021. (lih)
|
|
Minute Entry for proceedings held before Judge Sherry R. Fallon - Oral Argument held on 2/25/2021 re #57 MOTION to Disqualify Colby Springer, Polsinelli PC and Polsinelli LLP as Counsel for Plaintiffs. (Court Reporter S. Ingram (Hawkins Reporting).) (lih)
|
|
Remark: The public may access the hearing scheduled for 2/25/2021, at 11:00 AM by dialing the following phone number: +1-844-621-3956, then enter Conference ID: 1296379385. The dial-in information provides listening capabilities only. (lih)
|
|
Filing 76
NOTICE OF SERVICE of Defendants Everi Holdings Inc. and Everi Payments Inc.'s Responses and Objections to Plaintiffs NRT Technology Corp. and NRT Technologies, Inc.'s First Set of Interrogatories to Defendants filed by Everi Holdings Inc., Everi Payments Inc..(Poff, Adam)
|
|
Filing 75
NOTICE OF SERVICE of Defendants Everi Holdings Inc. and Everi Payments Inc.'s Second Set of Requests for Production to Plaintiffs filed by Everi Holdings Inc., Everi Payments Inc..(Poff, Adam)
|
|
Filing 74
NOTICE OF SERVICE of Defendants Everi Holdings Inc. and Everi Payments Inc.'s Responses and Objections to Plaintiffs NRT Technology Corp. and NRT Technologies, Inc.'s Second Set of Requests for Production to Defendants filed by Everi Holdings Inc., Everi Payments Inc..(Poff, Adam)
|
|
Filing 73
NOTICE OF SERVICE of First Set of Interrogatories to Defendants filed by NRT Technologies, Inc., NRT Technology Corp..(Vavala, Christina)
|
|
Filing 72
REQUEST for Oral Argument by NRT Technologies, Inc., NRT Technology Corp. re #57 MOTION to Disqualify Colby Springer, Polsinelli PC and Polsinelli LLP as Counsel for Plaintiffs. (Vavala, Christina)
|
|
ORAL ORDER- The court shall hear argument re #57 MOTION to Disqualify Colby Springer, Polsinelli PC and Polsinelli LLP as Counsel for Plaintiffs via video conference on 2/25/2021 at 11:00 AM before Judge Sherry R. Fallon. Counsel shall collectively have one hour for argument. The video conference shall be arranged by counsel. The hearing must be available for public access. All participants (including any media and members of the public) are reminded that recording or broadcasting proceedings is strictly prohibited. Counsel for the parties shall submit the following materials to Rebecca Polito at Rebecca_Polito@ded.uscourts.gov on or before February 23, 2021 at 10:00 a.m.: (1) video conference information, including dial-in information or audio link for audio-only participants; and (2) electronic versions of any slide presentations or demonstrative materials. Counsel shall also provide the video conference information to the court reporter at Dale_Hawkins@ded.uscourts.gov. Ordered by Judge Sherry R. Fallon on 1/19/2021. (lih)
|
|
Filing 71
REPLY BRIEF re #57 MOTION to Disqualify Colby Springer, Polsinelli PC and Polsinelli LLP as Counsel for Plaintiffs filed by Everi Holdings Inc., Everi Payments Inc.. (Poff, Adam) Modified on 1/14/2021 (lih).
|
|
Filing 70
NOTICE OF SERVICE of Plaintiffs' Responses and Objections to Defendants Everi Holdings Inc. and Everi Payments Inc.'s First Set of Requests for Production and Plaintiffs' Answers and Objections to Defendants Everi Holdings Inc. and Everi Payments Inc.'s First Set of Interrogatories filed by NRT Technologies, Inc., NRT Technology Corp..(Vavala, Christina)
|
|
Filing 69
NOTICE OF SERVICE of Second Set of Requests for Production to Defendants (Nos. 23-60) filed by NRT Technologies, Inc., NRT Technology Corp..(Vavala, Christina)
|
|
Pro Hac Vice Attorney Herbert F. Allen for NRT Technologies, Inc. and NRT Technology Corp. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (kmd)
|
|
Filing 68
DECLARATION of Colby B. Springer re #65 Answering Brief in Opposition by NRT Technologies, Inc., NRT Technology Corp.. (Attachments: #1 Exhibit A-D)(Vavala, Christina) Modified on 12/28/2020 (lih).
|
|
Filing 67
DECLARATION of Lawrence A. Kasten re #65 Answering Brief in Opposition by NRT Technologies, Inc., NRT Technology Corp.. (Vavala, Christina) Modified on 12/28/2020 (lih).
|
|
Filing 66
DECLARATION of Barrington Dyer re #65 Answering Brief in Opposition by NRT Technologies, Inc., NRT Technology Corp.. (Attachments: #1 Exhibit A-H)(Vavala, Christina) Modified on 12/28/2020 (lih).
|
|
Filing 65
ANSWERING BRIEF in Opposition re #57 MOTION to Disqualify Colby Springer, Polsinelli PC and Polsinelli LLP as Counsel for Plaintiffs filed by NRT Technologies, Inc., NRT Technology Corp..Reply Brief due date per Local Rules is 12/30/2020. (Attachments: #1 Text of Proposed Order)(Vavala, Christina) Modified on 1/14/2021 (lih).
|
|
Filing 64
NOTICE OF SERVICE of Defendants Everi Holdings Inc. and Everi Payments Inc.'s Responses and Objections to Plaintiffs NRT Technology Corp. and NRT Technologies, Inc.'s First Set of Requests for Production of Documents to Defendants filed by Everi Holdings Inc., Everi Payments Inc..(Poff, Adam)
|
|
MOTION REFERRED: #57 MOTION to Disqualify Counsel. Motion referred to Sherry R. Fallon.(lih)
|
|
Filing 63
NOTICE OF SERVICE of 1) Defendants Everi Holdings Inc. and Everi Payments Inc.'s First Set of Requests for Production to Plaintiffs, and 2) Defendants Everi Holdings Inc. and Everi Payments Inc.'s First Set of Interrogatories to Plaintiffs filed by Everi Holdings Inc., Everi Payments Inc..(Poff, Adam)
|
|
Filing 62
ORAL ORDER REFERRING CASE to Magistrate Judge Sherry R. Fallon - IT IS HEREBY ORDERED that this case, including the pending #57 Motion to Disqualify Counsel, is referred to Magistrate Judge Sherry R. Fallon to hear and resolve all pre-trial matters up to and including expert discovery matters (but not including summary judgment motions, Daubert motions, pre-trial motions in limine or the pre-trial conference), subject to 28 U.S.C. 636(b) and any further Order of the Court. All subsequent filings in this action shall be captioned as follows: Civil Action No. 19-804-MN-SRF. ORDERED by Judge Maryellen Noreika on 12/4/2020. Motions referred to Sherry R. Fallon.(dlw)
|
|
SO ORDERED re #61 STIPULATION TO EXTEND Briefing Deadlines regarding Defendants' Motion to Disqualify (DI 57) to various dates (Set Briefing Schedule: re #57 MOTION to Disqualify Counsel // Colby Springer, Polsinelli PC and Polsinelli LLP as Counsel for Plaintiffs - Answering Brief due 12/23/2020. Reply Brief due 1/13/2021). ORDERED by Judge Maryellen Noreika on 12/3/2020. (dlw)
|
|
Filing 61
STIPULATION TO EXTEND TIME of Briefing Deadlines regarding Defendants' Motion to Disqualify (DI 57) to various dates (see Stipulation for details) - filed by NRT Technologies, Inc., NRT Technology Corp.. (Vavala, Christina)
|
|
Filing 60
DECLARATION of Adam W. Poff re #57 MOTION to Disqualify Counsel // Colby Springer, Polsinelli PC and Polsinelli LLP as Counsel for Plaintiffs, #58 Opening Brief in Support by Everi Holdings Inc., Everi Payments Inc. (Attachments: #1 Exhibit 1-8)(Poff, Adam) Modified on 11/30/2020 (dlw).
|
|
Filing 59
DECLARATION of Harper Ko re #57 MOTION to Disqualify Counsel // Colby Springer, Polsinelli PC and Polsinelli LLP as Counsel for Plaintiffs, #58 Opening Brief in Support by Everi Holdings Inc., Everi Payments Inc. (Attachments: #1 Exhibit 1)(Poff, Adam) Modified on 11/30/2020 (dlw).
|
|
Filing 58
OPENING BRIEF in Support re #57 MOTION to Disqualify Counsel // Colby Springer, Polsinelli PC and Polsinelli LLP as Counsel for Plaintiffs filed by Everi Holdings Inc., Everi Payments Inc. Answering Brief/Response due date per Local Rules is 12/9/2020. (Poff, Adam) Modified on 11/30/2020 (dlw).
|
|
Filing 57
MOTION to Disqualify Colby Springer, Polsinelli PC and Polsinelli LLP as Counsel for Plaintiffs - filed by Everi Holdings Inc., Everi Payments Inc. (Attachments: #1 Text of Proposed Order)(Poff, Adam) Modified on 11/30/2020 (dlw). Modified on 1/14/2021 (lih).
|
|
Filing 56
NOTICE OF SERVICE of First Set of Requests for Production to Defendants filed by NRT Technologies, Inc., NRT Technology Corp..(Vavala, Christina)
|
|
Filing 55
ANSWER to Amended Complaint, re: #7 Amended Complaint, with Jury Demand by Everi Holdings Inc., Everi Payments Inc..(Poff, Adam)
|
|
Filing 54
MOTION for Pro Hac Vice Appearance of Attorney Herbert F. Allen - filed by NRT Technologies, Inc., NRT Technology Corp.. (Vavala, Christina)
|
|
SO ORDERED re #54 MOTION for Pro Hac Vice Appearance of Attorney Herbert F. Allen filed by NRT Technologies, Inc., NRT Technology Corp. ORDERED by Judge Maryellen Noreika on 10/20/2020. (dlw)
|
|
Filing 53
PROTECTIVE ORDER. Signed by Judge Maryellen Noreika on 10/9/2020. (dlw)
|
|
Filing 52
PROPOSED ORDER // Protective Order by NRT Technologies, Inc., NRT Technology Corp. (Vavala, Christina) Modified on 10/9/2020 (dlw).
|
|
Filing 51
Joint STIPULATION TO EXTEND TIME for Defendants to answer Plaintiffs' First Amended Complaint (D.I. 7) to October 23, 2020 - filed by Everi Holdings Inc., Everi Payments Inc.. (Poff, Adam)
|
|
SO ORDERED re #51 Joint STIPULATION TO EXTEND TIME for Defendants to answer Plaintiffs' First Amended Complaint (D.I. 7) to October 23, 2020 (Set/Reset Answer Deadlines: Everi Holdings Inc. answer due 10/23/2020; Everi Payments Inc. answer due 10/23/2020). ORDERED by Judge Maryellen Noreika on 10/8/2020. (dlw)
|
|
SO ORDERED re #50 STIPULATION TO EXTEND TIME to File [Proposed] Protective Order to October 9, 2020. ORDERED by Judge Maryellen Noreika on 10/5/2020. (dlw)
|
|
Filing 50
STIPULATION TO EXTEND TIME to File [Proposed] Protective Order to October 9, 2020 - filed by NRT Technologies, Inc., NRT Technology Corp.. (Vavala, Christina)
|
|
Filing 49
ORDER Setting Mediation Conferences: A Telephonic Mediation Conference is set for 10/19/2020 at 11:00 AM Eastern Time with Judge Mary Pat Thynge. SEE ORDER FOR DETAILS. Signed by Judge Mary Pat Thynge on 10/2/20. (cak)
|
|
Filing 48
NOTICE OF SERVICE of Everi Holdings Inc. and Everi Payments Inc.s Paragraph 3 Initial Disclosures filed by Everi Holdings Inc., Everi Payments Inc..(Poff, Adam)
|
|
Filing 47
NOTICE OF SERVICE of NRT's Paragraph 3 Initial Disclosures filed by NRT Technologies, Inc., NRT Technology Corp..(Vavala, Christina)
|
|
Filing 46
ORDER re #45 Memorandum Opinion ADOPTING REPORT AND RECOMMENDATION, DENYING #12 Motion to Dismiss, and DENYING as moot #18 Motion for Leave to File First Amended Complaint or for Extension of Time to Serve Complaint. Signed by Judge Maryellen Noreika on 9/25/2020. (dlw)
|
|
Filing 45
MEMORANDUM OPINION ADOPTING REPORT AND RECOMMENDATION, DENYING #12 Motion to Dismiss, and DENYING as moot #18 Motion for Leave to File First Amended Complaint or for Extension of Time to Serve Complaint. Signed by Judge Maryellen Noreika on 9/25/2020. (dlw)
|
|
Filing 44
NOTICE OF SERVICE of Everi Holdings Inc. and Everi Payments Inc.'s Initial Disclosures Pursuant to Fed. R. Civ. P. 26(a)(1) filed by Everi Holdings Inc., Everi Payments Inc..(Poff, Adam)
|
|
Filing 43
NOTICE OF SERVICE of Initial Disclosures filed by NRT Technologies, Inc., NRT Technology Corp..(Vavala, Christina)
|
|
Filing 42
ORAL ORDER Setting Teleconference: A Telephone Conference is set for 9/25/2020 at 5:00 PM Eastern Time with Judge Mary Pat Thynge, Ms. Bass and Mr. Springer. Ms. Bass shall initiate the teleconference call. Ordered by Judge Mary Pat Thynge on 9/15/20. (cak)
|
|
SO ORDERED re #41 Joint STIPULATION TO EXTEND TIME for the parties to serve their Rule 26 Initial Disclosures to September 18, 2020. ORDERED by Judge Maryellen Noreika on 9/14/2020. (dlw)
|
|
Filing 41
Joint STIPULATION TO EXTEND TIME for the parties to serve their Rule 26 Initial Disclosures to September 18, 2020 - filed by Everi Holdings Inc., Everi Payments Inc.. (Poff, Adam)
|
|
Filing 40
ORDER Setting Teleconference: A Telephone Conference is set for 9/14/2020 at 12:30 PM Eastern Time with Judge Mary Pat Thynge to discuss ADR. Counsel for plaintiffs shall initiate the teleconference call. Signed by Judge Mary Pat Thynge on 9/2/20. (cak)
|
|
Filing 39
SCHEDULING ORDER: Case referred to the Magistrate Judge for the purpose of exploring ADR. Joinder of Parties due by 10/30/2020. Amended Pleadings due by 10/30/2020. Fact Discovery completed by 8/13/2021. Opening Expert Reports due by 9/10/2021. Rebuttal Expert Reports due by 10/29/2021. Reply Expert Reports due 11/26/2021. Expert Discovery due by 1/7/2022. Dispositive Motions due by 2/25/2022. Answering Brief due 4/15/2022. Reply Brief due 5/13/2022. A Pretrial Conference is set for 9/19/2022 at 04:30 PM in Courtroom 4A before Judge Maryellen Noreika. A 7-day Jury Trial is set for 9/26/2022 at 09:30 AM in Courtroom 4A before Judge Maryellen Noreika. Signed by Judge Maryellen Noreika on 9/1/2020. (dlw)
|
|
CASE REFERRED to Chief Magistrate Judge Mary Pat Thynge for Mediation. Please see Standing Order dated January 20, 2016, regarding disclosure of confidential ADR communications. A link to the standing order is provided here for your convenience at # https://www.ded.uscourts.gov/sites/ded/files/forms/StandingOrderforADR-Mediation.pdf (cak)
|
|
Filing 38
PROPOSED ORDER // Proposed Scheduling Order by NRT Technologies, Inc., NRT Technology Corp. (Attachments: #1 Cover Letter)(Vavala, Christina) Modified on 9/1/2020 (dlw).
|
|
Filing 37
ORAL ORDER - IT IS HEREBY ORDERED that the parties shall confer regarding proposed dates in the scheduling order and shall submit a proposed order, including a proposal for the length and timing of trial, to the Court no later than thirty (30) days from the date of this Order. The parties are to use the Court's form scheduling order, which is posted at http://www.ded.uscourts.gov (see Chambers, Judge Noreika, Forms). If there are disputes or issues that the Court needs to address in the proposed scheduling order, the parties shall direct the Court to the paragraph numbers in which those appear in a cover letter to the Court. ORDERED by Judge Maryellen Noreika on 7/30/2020. (dlw)
|
|
Filing 36
RESPONSE TO OBJECTIONS by NRT Technologies, Inc., NRT Technology Corp. re #35 Objections, #34 REPORT AND RECOMMENDATIONS re #12 MOTION to Dismiss for Insufficiency of Service of Process and Failure to State a Claim filed by Everi Holdings Inc., Everi Payments Inc., #18 MOTION for Leave to File First Amended Complaint or for Extensio . (Vavala, Christina)
|
|
Filing 35
OBJECTIONS by Everi Holdings Inc., Everi Payments Inc. to #34 REPORT AND RECOMMENDATIONS re #12 MOTION to Dismiss for Insufficiency of Service of Process and Failure to State a Claim filed by Everi Holdings Inc., Everi Payments Inc., #18 MOTION for Leave to File First Amended Complaint or for Extensio . (Attachments: #1 Certificate of Compliance)(Poff, Adam)
|
|
Filing 34
REPORT AND RECOMMENDATIONS re #12 Motion to Dismiss for Insufficiency of Service of Process and Failure to State a Claim filed by Everi Holdings Inc., Everi Payments Inc., and #18 Motion for Leave to File First Amended Complaint or for Extension of Time to Serve Complaint filed by NRT Technologies, Inc., NRT Technology Corp. Please note that when filing Objections pursuant to Federal Rule of Civil Procedure 72(b)(2), briefing consists solely of the Objections (no longer than ten (10) pages) and the Response to the Objections (no longer than ten (10) pages). No further briefing shall be permitted with respect to objections without leave of the Court. (*Objections to R&R due by 7/6/2020). Signed by Judge Jennifer L. Hall on 6/19/2020. (ceg)
|
|
Filing 33
ORAL ORDER: The transcript from the June 5, 2020 motion hearing regarding D.I. #12 Motion to Dismiss for Insufficiency of Service of Process and Failure to State a Claim filed by Everi Holdings Inc., Everi Payments Inc. and D.I. #18 Motion for Leave to File First Amended Complaint or for Extension of Time to Serve Complaint filed by NRT Technologies, Inc., NRT Technology Corp. shall serve as the Report and Recommendations of the Court. ORDERED by Judge Jennifer L. Hall on 6/5/2020. (ceg)
|
|
Minute Entry for proceedings held before Judge Jennifer L. Hall - Motion Hearing held via video conference on 6/5/2020 re D.I. #12 Motion to Dismiss for Insufficiency of Service of Process and Failure to State a Claim filed by Everi Holdings Inc., Everi Payments Inc.; and D.I. #18 Motion for Leave to File First Amended Complaint or for Extension of Time to Serve Complaint filed by NRT Technologies, Inc., NRT Technology Corp. (*Court Reporter Stacy Vickers.) (ceg)
|
|
Filing 32
ORAL ORDER: The motion hearing scheduled for June 5, 2020 at 2:00 PM shall be conducted via videoconference. No later than June 3, 2020, at noon, the parties shall send a joint email to Cailah_Garfinkel@ded.uscourts.gov containing (i) a videoconference link and/or instructions on how to join the conference; (ii) a list of attendees for each side; and (iii) a separate audio-only dial-in number. The videoconference must be sufficient to accommodate Judge Hall, the courtroom deputy, a law clerk, and the court reporter. Any slide presentations or demonstratives that the parties wish to use during the hearing shall be emailed to Cailah_Garfinkel@ded.uscourts.gov no later than June 3, 2020. Once the dial-in information is received by the Court, members of the public may obtain it by contacting Chambers at Cailah_Garfinkel@ded.uscourts.gov. All participants (including any media and members of the public) are reminded that recording or broadcasting proceedings is STRICTLY PROHIBITED. All participants shall be present on the videoconference no later than 10 minutes prior to the start of the hearing. ORDERED by Judge Jennifer L. Hall on 5/29/2020. (ceg)
|
|
Filing 31
Joint Letter to The Honorable Jennifer L. Hall from Christina B. Vavala and Adam W. Poff regarding the form of argument to be heard on June 5, 2020 - re 29 Order Setting Hearing on Motion,,. (Poff, Adam)
|
|
Filing 30
NOTICE of Withdrawal of Counsel R. Montgomery Donaldson and Quynh M. Chen by NRT Technologies, Inc., NRT Technology Corp. No longer with firm (Vavala, Christina)
|
|
Filing 29
ORAL ORDER Setting Hearing on Motions: A hearing on the pending Motion to Dismiss for Insufficiency of Service of Process and Failure to State a Claim (D.I. #12 ) and Motion for Leave to File First Amended Complaint or for Extension of Time to Serve Complaint (D.I. #18 ) is scheduled for Friday, June 5, 2020 at 2:00 PM before Judge Jennifer L. Hall. IT IS FURTHER ORDERED that, on or before May 28, 2020, the parties shall jointly prepare and file with the Court a letter identifying the parties' proposal(s) regarding the form of the argument (i.e., telephonic or streaming video). ORDERED by Judge Jennifer L. Hall on 5/7/2020. (ceg)
|
|
Filing 28
ORAL ORDER REFERRING MOTION: IT IS HEREBY ORDERED that the #18 MOTION for Leave to File First Amended Complaint or for Extension of Time to Serve Complaint and the #12 MOTION to Dismiss for Insufficiency of Service of Process and Failure to State a Claim are REFERRED the Judge Jennifer L. Hall. ORDERED by Judge Maryellen Noreika on 4/15/2020. Motions referred to Jennifer L. Hall.(dlw)
|
|
Filing 27
SUR-REPLY BRIEF re #18 MOTION for Leave to File First Amended Complaint or for Extension of Time to Serve Complaint filed by Everi Holdings Inc., Everi Payments Inc. (dlw)
|
|
SO ORDERED re #26 UNOPPOSED MOTION for Leave to File Sur-Reply in Opposition to Plaintiffs' Motion for Leave to Amend or for an Enlargement of Time to Serve Complaint (D.I. 18). ORDERED by Judge Maryellen Noreika on 11/26/2019. (dlw)
|
|
Filing 26
UNOPPOSED MOTION for Leave to File Sur-Reply in Opposition to Plaintiffs' Motion for Leave to Amend or for an Enlargement of Time to Serve Complaint (D.I. 18) - filed by Everi Holdings Inc., Everi Payments Inc. (Attachments: #1 Local Rule 7.1.1 Certification, #2 Exhibit A, #3 Text of Proposed Order)(Poff, Adam) Modified on 11/26/2019 (dlw).
|
|
Filing 25
REQUEST for Oral Argument by NRT Technologies, Inc., NRT Technology Corp. re #18 MOTION for Leave to File First Amended Complaint or for Extension of Time to Serve Complaint, #12 MOTION to Dismiss for Insufficiency of Service of Process and Failure to State a Claim. (Vavala, Christina)
|
|
Filing 24
REQUEST for Oral Argument by Everi Holdings Inc., Everi Payments Inc. re #18 MOTION for Leave to File First Amended Complaint or for Extension of Time to Serve Complaint, #12 MOTION to Dismiss for Insufficiency of Service of Process and Failure to State a Claim. (Poff, Adam)
|
|
Filing 23
REPLY BRIEF re #12 MOTION to Dismiss for Insufficiency of Service of Process and Failure to State a Claim filed by Everi Holdings Inc., Everi Payments Inc.. (Poff, Adam)
|
|
Filing 22
REPLY to Response to Motion re #18 MOTION for Leave to File First Amended Complaint or for Extension of Time to Serve Complaint filed by NRT Technologies, Inc., NRT Technology Corp.. (Donaldson, Richard)
|
|
Filing 21
ANSWERING BRIEF in Opposition re #18 MOTION for Leave to File First Amended Complaint or for Extension of Time to Serve Complaint filed by Everi Holdings Inc., Everi Payments Inc..Reply Brief due date per Local Rules is 11/12/2019. (Kraman, Pilar)
|
|
Filing 20
DECLARATION of Colby B. Springer re #19 Answering Brief in Opposition, by NRT Technologies, Inc., NRT Technology Corp.. (Attachments: #1 Exhibits A and B)(Donaldson, Richard) Modified on 10/23/2019 (dlw).
|
|
Filing 19
ANSWERING BRIEF in Opposition re #12 MOTION to Dismiss for Insufficiency of Service of Process and Failure to State a Claim filed by NRT Technologies, Inc., NRT Technology Corp..Reply Brief due date per Stipulation and Order is 11/12/2019. (Donaldson, Richard) Modified on 10/23/2019 (dlw).
|
|
Filing 18
MOTION for Leave to File First Amended Complaint or for Extension of Time to Serve Complaint - filed by NRT Technologies, Inc., NRT Technology Corp. (Attachments: #1 Proposed Order, #2 Certificate Pursuant to Local Rule 7.1.1, #3 Exhibits A and B)(Donaldson, Richard) Modified on 10/23/2019 (dlw).
|
|
Pro Hac Vice Attorney Ashley E. Bass for Everi Holdings Inc. and Everi Payments Inc. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (kmd)
|
|
Filing 17
STIPULATION TO EXTEND TIME for Plaintiffs to respond to Defendants' Motion to Dismiss to October 22, 2019 and the deadline for Defendants to file a reply is November 12, 2019 - filed by NRT Technology Corp.. (Vavala, Christina)
|
|
Pro Hac Vice Attorney Jeffrey Cao,John S. Playforth,R. Jason Fowler,Carol Szurkowski for Everi Holdings Inc. and Everi Payments Inc. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (mal)
|
|
SO ORDERED re #17 STIPULATION TO EXTEND TIME for Plaintiffs to respond to Defendants' Motion to Dismiss to October 22, 2019 and the deadline for Defendants to file a reply is November 12, 2019 (Set Briefing Schedule: re #12 MOTION to Dismiss for Insufficiency of Service of Process and Failure to State a Claim - Answering Brief due 10/22/2019. Reply Brief due 11/12/2019). ORDERED by Judge Maryellen Noreika on 9/24/2019. (dlw)
|
|
Pro Hac Vice Attorney Barrington E. Dyer for NRT Technologies, Inc., for NRT Technology Corp. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (myr)
|
|
SO ORDERED re #16 MOTION for Pro Hac Vice Appearance of Attorney Ashley E. Bass, Attorney R. Jason Fowler, Attorney John S. Playforth, Attorney Carol Szurkowski and Attorney Jeffrey Cao filed by Everi Holdings Inc., Everi Payments Inc. ORDERED by Judge Maryellen Noreika on 9/18/2019. (dlw)
|
|
Filing 16
MOTION for Pro Hac Vice Appearance of Attorney Ashley E. Bass, Attorney R. Jason Fowler, Attorney John S. Playforth, Attorney Carol Szurkowski and Attorney Jeffrey Cao - filed by Everi Holdings Inc., Everi Payments Inc.. (Poff, Adam)
|
|
Filing 15
Disclosure Statement pursuant to Rule 7.1: identifying Corporate Parent Everi Holdings Inc. for Everi Payments Inc. filed by Everi Holdings Inc., Everi Payments Inc.. (Poff, Adam)
|
|
Filing 14
DECLARATION of Adam W. Poff re #12 MOTION to Dismiss for Insufficiency of Service of Process and Failure to State a Claim, #13 Opening Brief in Support by Everi Holdings Inc., Everi Payments Inc. (Attachments: #1 Exhibit A-E)(Poff, Adam) Modified on 9/18/2019 (dlw).
|
|
Filing 13
OPENING BRIEF in Support re #12 MOTION to Dismiss for Insufficiency of Service of Process and Failure to State a Claim filed by Everi Holdings Inc., Everi Payments Inc. Answering Brief/Response due date per Local Rules is 10/1/2019. (Poff, Adam) Modified on 9/18/2019 (dlw).
|
|
Filing 12
MOTION to Dismiss for Insufficiency of Service of Process and Failure to State a Claim - filed by Everi Holdings Inc., Everi Payments Inc. (Attachments: #1 Text of Proposed Order)(Poff, Adam) Modified on 9/18/2019 (dlw).
|
|
Filing 11
MOTION for Pro Hac Vice Appearance of Attorney Barrington E. Dyer - filed by NRT Technologies, Inc., NRT Technology Corp.. (Vavala, Christina)
|
|
SO ORDERED re #11 MOTION for Pro Hac Vice Appearance of Attorney Barrington E. Dyer filed by NRT Technologies, Inc., NRT Technology Corp. ORDERED by Judge Maryellen Noreika on 7/26/2019. (dlw)
|
|
Filing 10
Joint STIPULATION TO EXTEND TIME for Defendants to answer, move or otherwise respond to Plaintiffs' First Amended Complaint (D.I. 7) to September 17, 2019 - filed by Everi Holdings Inc., Everi Payments Inc.. (Poff, Adam)
|
|
SO ORDERED re #10 Joint STIPULATION TO EXTEND TIME for Defendants to answer, move or otherwise respond to Plaintiffs' First Amended Complaint (D.I. 7) to September 17, 2019 (Set/Reset Answer Deadlines: Everi Holdings Inc. answer due 9/17/2019; Everi Payments Inc. answer due 9/17/2019). ORDERED by Judge Maryellen Noreika on 7/23/2019. (dlw)
|
|
Filing 9
SUMMONS Returned Executed by NRT Technology Corp., NRT Technologies, Inc.. Everi Payments Inc. served on 7/16/2019, answer due 8/6/2019. (Donaldson, Richard)
|
|
Filing 8
SUMMONS Returned Executed by NRT Technology Corp., NRT Technologies, Inc.. Everi Holdings Inc. served on 7/16/2019, answer due 8/6/2019. (Donaldson, Richard)
|
|
Alias Summons Reissued with Magistrate Consent Notice attached as to Everi Holdings Inc., Everi Payments Inc. Please pick up issued summonses at the Clerk's Office. (rwc)
|
|
Filing 7
First AMENDED COMPLAINT for Violations of Section 2 of the Sherman Antitrust Act against Everi Holdings Inc., Everi Payments Inc.- filed by NRT Technology Corp., NRT Technologies, Inc. (Attachments: #1 Exhibit A through L, #2 Summons Forms - Unsigned Everi Holdings Inc., #3 Summons Forms - Unsigned Everi Payments Inc.)(Donaldson, Richard) Modified on 7/16/2019 (dlw).
|
|
Pro Hac Vice Attorney Quynh M. Chen, Miya Yusa, Colby B. Springer for NRT Technologies, Inc., Springer for NRT Technology Corp. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (myr)
|
|
Filing 6
MOTION for Pro Hac Vice Appearance of Attorney Quynh M. Chen - filed by NRT Technologies, Inc., NRT Technology Corp.. (Belitz, Christina)
|
|
Filing 5
MOTION for Pro Hac Vice Appearance of Attorney Miya Yusa - filed by NRT Technologies, Inc., NRT Technology Corp.. (Belitz, Christina)
|
|
Filing 4
MOTION for Pro Hac Vice Appearance of Attorney Colby B. Springer - filed by NRT Technologies, Inc., NRT Technology Corp.. (Belitz, Christina)
|
|
SO ORDERED re #4 MOTION for Pro Hac Vice Appearance of Attorney Colby B. Springer, #6 MOTION for Pro Hac Vice Appearance of Attorney Quynh M. Chen, #5 MOTION for Pro Hac Vice Appearance of Attorney Miya Yusa filed by NRT Technologies, Inc., NRT Technology Corp. ORDERED by Judge Maryellen Noreika on 5/20/2019. (dlw)
|
|
Case Assigned to Judge Maryellen Noreika. Please include the initials of the Judge (MN) after the case number on all documents filed. (rjb)
|
|
Filing 3
Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s) 6,081,792. (myr)
|
|
Filing 2
Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (myr)
|
|
Filing 1
COMPLAINT FOR ANTITRUST filed with Jury Demand against Everi Holdings Inc., Everi Payments Inc. - Magistrate Consent Notice to Pltf. ( Filing fee $ 400, receipt number 311-2631798.) - filed by NRT Technology Corp., NRT Technologies, Inc.. (Attachments: #1 Exhibit A, #2 Civil Cover Sheet)(myr)
|
|
Summons Issued with Magistrate Consent Notice attached as to Everi Holdings Inc. on 5/1/2019; Everi Payments Inc. on 5/1/2019. Requesting party or attorney should pick up issued summons at the Help Desk, Room 4209, or call 302-573-6170 and ask the Clerk to mail the summons to them. (myr)
|
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Delaware District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
