Verint Americas Inc. v. Fornell et al
| Verint Americas Inc. and successor-in-interest to ForeSee Results, Inc. doing business as ForeSee Results, Inc. |
| CFI Group USA, LLC, Claes G. Fornell, CFI Software, LLC and American Customer Satisfaction Index, LLC |
| 1:2021cv00674 |
| May 7, 2021 |
| US District Court for the District of Delaware |
| Sherry R Fallon |
| Leonard P Stark |
| Contract: Other |
| 28 U.S.C. § 1332 |
| None |
Docket Report
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This docket was last retrieved on September 6, 2022. A more recent docket listing may be available from PACER.
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Filing 29
RESPONSE TO OBJECTIONS by American Customer Satisfaction Index, LLC, CFI Group USA, LLC, CFI Software, LLC, Claes G. Fornell re #28 Objections, . (DiBianca, Margaret)
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Filing 28
OBJECTIONS by Verint Americas Inc. to #26 REPORT AND RECOMMENDATIONS re #14 MOTION to Dismiss Based upon Dismiss, Transfer or Stay Action filed by Claes G. Fornell, CFI Group USA, LLC, CFI Software, LLC, American Customer Satisfaction Index, LLC. Please note that when filing Object . (Egan, Brian)
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Filing 27
Letter to Judge Fallon from Sally J. Daugherty regarding redactions to #26 REPORT AND RECOMMENDATIONS. (Daugherty, Sally) Modified on 11/17/2021 (lih).
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Filing 26
REPORT AND RECOMMENDATIONS- re #14 MOTION to Dismiss, Transfer or Stay Action. 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 11/24/2021. Signed by Judge Sherry R. Fallon on 11/10/2021.This order has been emailed to local counsel. (lih) Modified on 11/17/2021 (lih). (Main Document 26 replaced on 11/17/2021) (lih).
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Filing 25
Official Transcript of Oral Argument Hearing held on November 4, 2021 before Judge Sherry R. Fallon. Court Reporter Brian Gaffigan, email: gaffigan@verizon.net. Transcript may be viewed at the court public terminal or ordered/purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date, it may be obtained through PACER. Redaction Request due 11/29/2021. Redacted Transcript Deadline set for 12/6/2021. Release of Transcript Restriction set for 2/3/2022.(bpg)
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Minute Entry for proceedings held before Judge Sherry R. Fallon - Oral Argument held on 11/4/2021 re #14 MOTION to Dismiss Based upon Dismiss, Transfer or Stay Action. (Court Reporter B. Gaffigan.) (lih)
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SECOND REQUEST: 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 a copy of D.I. numbers #14 , #15 and #22 . (lih)
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ORAL ORDER- The court shall hear argument re #14 MOTION to Dismiss Based upon Dismiss, Transfer or Stay Action on 11/4/2021 at 02:00 PM in Courtroom 6C before Judge Sherry R. Fallon. Counsel shall collectively have one hour for argument. No later than 11/2/2021 at 11:00 AM, the parties shall provide an audio-only dial-in number via a joint email to Rebecca_Polito@ded.uscourts.gov. Once the dial-in information is received by the Court, members of the public may obtain it by contacting Chambers at Larisha_Hicks@ded.uscourts.gov. All participants (including any media and members of the public) are reminded that recording or broadcasting proceedings is STRICTLY PROHIBITED. Any slide presentations the parties plan on using during the hearing should be emailed (in PDF format) to Rebecca Polito at rebecca_polito@ded.uscourts.gov by no later than 11:00 AM on 11/2/2021. The Court may choose to resolve the motion prior to the hearing and will, in that event, cancel the hearing. Counsel shall comply with the Court's August 11, 2021 Standing Order regarding COVID-19 protocols, or any intervening or superseding Standing Orders issued by the Court regarding same. No more than four (4) attorneys or representatives per side will be permitted in the courtroom. Ordered by Judge Sherry R. Fallon on 10/12/2021. (lih)
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REQUEST: 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. numbers #14 , #15 , #21 and #22 . (lih)
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Filing 24
ORAL ORDER REFERRING CASE to Magistrate Judge Sherry R. Fallon: IT IS HEREBY ORDERED that the above captioned case is referred to Magistrate Judge Sherry R. Fallon to hear and resolve all pretrial matters, up to and including the resolution of case-dispositive motions, 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. 21-674-LPS-SRF. ORDERED by Judge Leonard P. Stark on 10/8/21.(ntl)
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Filing 23
REQUEST for Oral Argument by Verint Americas Inc. re #20 MOTION to Dismiss Based upon Dismiss, Transfer or Stay Action. (Egan, Brian)
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Filing 22
REPLY BRIEF re #20 MOTION to Dismiss Based upon Dismiss, Transfer or Stay Action filed by American Customer Satisfaction Index, LLC, CFI Group USA, LLC, CFI Software, LLC, Claes G. Fornell. (Daugherty, Sally)
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Filing 21
ANSWERING BRIEF in Opposition re #14 MOTION to Dismiss Based upon Dismiss, Transfer or Stay Action - filed by Verint Americas Inc..Reply Brief due date per Local Rules is 8/16/2021. (Attachments: #1 Ex. A)(Egan, Brian)
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SO ORDERED, re #18 STIPULATION TO EXTEND TIME the briefing schedule on Defendants' Motion to Dismiss, Transfer or Stay This Action to various dates (see Stipulation) filed by Verint Americas Inc. Signed by Judge Leonard P. Stark on 7/22/21. (ntl)
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SO ORDERED, re #19 MOTION for Pro Hac Vice Appearance of Attorney C. Lee Wilson filed by Verint Americas Inc. Signed by Judge Leonard P. Stark on 7/21/21. (ntl)
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Filing 20
MOTION to Dismiss Based upon Dismiss, Transfer or Stay Action - filed by American Customer Satisfaction Index, LLC, CFI Group USA, LLC, CFI Software, LLC, Claes G. Fornell. (Attachments: #1 Exhibit A Confidential Filed Under Seal, #2 Exhibit B to Motion Joinder and Waiver Agreement, #3 Exhibit C Amended Complaint in Michigan Action, #4 Exhibit D Verint Answer to Amended Complaint, #5 Exhibit E Verint Counterclaims in Michigan Action, #6 Exhibit F Order and Opinion in Michigan Action, #7 Exhibit G CFI Group Complaint filed in Michigan, #8 Exhibit H Verint Answer and Counterclaim in CFI Michigan Action, #9 Exhibit I Confidential Filed Under Seal, #10 Text of Proposed Order)(Daugherty, Sally)
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Filing 19
MOTION for Pro Hac Vice Appearance of Attorney C. Lee Wilson - filed by Verint Americas Inc.. (Egan, Brian)
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Filing 18
STIPULATION TO EXTEND TIME the briefing schedule on Defendants' Motion to Dismiss, Transfer or Stay This Action to various dates (see Stipulation) - filed by Verint Americas Inc.. (Egan, Brian)
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Filing 17
ORDER re #16 MOTION to Seal Document filed by Claes G. Fornell, CFI Group USA, LLC, CFI Software, LLC, American Customer Satisfaction Index, LLC. Signed by Judge Leonard P. Stark on 7/13/21. (ntl)
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Filing 16
MOTION to Seal Document: #14 MOTION to Dismiss Based upon Dismiss, Transfer or Stay Action - filed by American Customer Satisfaction Index, LLC, CFI Group USA, LLC, CFI Software, LLC, Claes G. Fornell. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Text of Proposed Order)(Daugherty, Sally)
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Filing 15
OPENING BRIEF in Support re #14 MOTION to Dismiss Based upon Dismiss, Transfer or Stay Action filed by American Customer Satisfaction Index, LLC, CFI Group USA, LLC, CFI Software, LLC, Claes G. Fornell.Answering Brief/Response due date per Local Rules is 7/26/2021. (Daugherty, Sally)
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Filing 14
[SEALED] MOTION to Dismiss Based upon Dismiss, Transfer or Stay Action - filed by American Customer Satisfaction Index, LLC, CFI Group USA, LLC, CFI Software, LLC, Claes G. Fornell. (Attachments: #1 Exhibit A to Motion FILED UNDER SEAL Merger Agreement, #2 Exhibit B to Motion Joinder and Waiver Agreement, #3 Exhibit C Amended Complaint in Michigan Action, #4 Exhibit D Verint Answer to Amended Complaint, #5 Exhibit E Verint Counterclaims in Michigan Action, #6 Exhibit F Order and Opinion in Michigan Action, #7 Exhibit G CFI Group Complaint filed in Michigan, #8 Exhibit H Verint Answer and Counterclaim in CFI Michigan Action, #9 Exhibit I FILED UNDER SEAL Verint Motion for Summary Judgment in Michigan Action, #10 Text of Proposed Order, #11 Certificate of Service)(Daugherty, Sally)
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Pro Hac Vice Attorney Jay M. Berger for American Customer Satisfaction Index, LLC,for CFI Group USA, LLC,for CFI Software, LLC,for Claes G. Fornell 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)
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Pro Hac Vice Attorney K.J. Edward Fornell for American Customer Satisfaction Index, LLC,K.J. for CFI Group USA, LLC, for CFI Software, LLC,for Claes G. Fornell 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)
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SO ORDERED, re #12 MOTION for Pro Hac Vice Appearance of Attorney Jay M. Berger filed by Claes G. Fornell, CFI Group USA, LLC, CFI Software, LLC, American Customer Satisfaction Index, LLC. Signed by Judge Leonard P. Stark on 7/9/2021. (etg)
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SO ORDERED, re #13 MOTION for Pro Hac Vice Appearance of Attorney K.J. Edward Fornell filed by Claes G. Fornell, CFI Group USA, LLC, CFI Software, LLC, American Customer Satisfaction Index, LLC. Signed by Judge Leonard P. Stark on 7/9/2021. (etg)
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Filing 13
MOTION for Pro Hac Vice Appearance of Attorney K.J. Edward Fornell - filed by American Customer Satisfaction Index, LLC, CFI Group USA, LLC, CFI Software, LLC, Claes G. Fornell. (Attachments: #1 Certification of KJ Edward Fornell, #2 Text of Proposed Order)(DiBianca, Margaret)
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Filing 12
MOTION for Pro Hac Vice Appearance of Attorney Jay M. Berger - filed by American Customer Satisfaction Index, LLC, CFI Group USA, LLC, CFI Software, LLC, Claes G. Fornell. (Attachments: #1 Certification of Jay M. Berger to be Admitted Pro Hac Vice, #2 Text of Proposed Order)(DiBianca, Margaret)
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Filing 11
SO ORDERED, re #10 MOTION for Pro Hac Vice Appearance of Attorney William D. Cramer filed by Claes G. Fornell, CFI Group USA, LLC, CFI Software, LLC, American Customer Satisfaction Index, LLC. Signed by Judge Leonard P. Stark on 7/8/2021. (etg)
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Filing 10
MOTION for Pro Hac Vice Appearance of Attorney William D. Cramer - filed by American Customer Satisfaction Index, LLC, CFI Group USA, LLC, CFI Software, LLC, Claes G. Fornell. (Attachments: #1 Certification of William Cramer to be Admitted Pro Hac Vice, #2 Text of Proposed Order)(DiBianca, Margaret)
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Pro Hac Vice Attorney William D. Cramer for American Customer Satisfaction Index, LLC, CFI Group USA, LLC, CFI Software, LLC,and Claes G. Fornell 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. (srs)
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Filing 9
NOTICE of Appearance by Margaret M. DiBianca on behalf of All Defendants (DiBianca, Margaret)
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Filing 8
WAIVER OF SERVICE returned executed by Verint Americas Inc.: For CFI Software, LLC waiver sent on 5/12/2021, answer due 7/12/2021. (Egan, Brian)
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Filing 7
WAIVER OF SERVICE returned executed by Verint Americas Inc.: For CFI Group USA, LLC waiver sent on 5/12/2021, answer due 7/12/2021. (Egan, Brian)
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Filing 6
WAIVER OF SERVICE returned executed by Verint Americas Inc.: For American Customer Satisfaction Index, LLC waiver sent on 5/12/2021, answer due 7/12/2021. (Egan, Brian)
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Filing 5
WAIVER OF SERVICE returned executed by Verint Americas Inc.: For Claes G. Fornell waiver sent on 5/12/2021, answer due 7/12/2021. (Egan, Brian)
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Case Assigned to Judge Leonard P. Stark. Please include the initials of the Judge (LPS) after the case number on all documents filed. (rjb)
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Filing 4
Summonses Issued (please complete the top portion of the form and print out for use/service). (kmd)
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Filing 3
Disclosure Statement pursuant to Rule 7.1: identifying Corporate Parent Verint Systems Inc. for Verint Americas Inc. - filed by Verint Americas Inc. (kmd)
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Filing 2
Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (kmd)
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Filing 1
COMPLAINT filed against American Customer Satisfaction Index, LLC, CFI Group USA, LLC, CFI Software, LLC, Claes G. Fornell - Magistrate Consent Notice to Pltf. (Filing fee $402, receipt number ADEDC-3610866.) - filed by Verint Americas Inc. (Attachments: #1 Civil Cover Sheet)(kmd)
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