Markos v. Matthews Real Estate Investment Services, Inc.
| Steven Markos |
| Matthews Real Estate Investment Services, Inc. |
| 1:2022cv00441 |
| April 1, 2022 |
| US District Court for the District of Delaware |
| Christopher J Burke |
| Colm F Connolly |
| Copyright |
| 17 U.S.C. § 501 Copyright Infringement |
| Plaintiff |
Docket Report
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| Filing 49 STIPULATION of Dismissal With Prejudice by Steven Markos. (Gonen, Michael) |
| CASE CLOSED per #49 STIPULATION of Dismissal With Prejudice. (kmd) |
| Remark: AO 121 Copyright Report mailed to Register of Copyrights. (kmd) |
ORAL ORDER: For the reasons stated on the record during the oral argument held today, D.I. #8 MOTION to Transfer Case to United States District Court for the District of Arizona and D.I. #45 MOTION for Leave to Expand the Record are DENIED. ORDERED by Judge Colm F. Connolly on 12/5/2022. (nmf)
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| Minute Entry for proceedings held before Judge Colm F. Connolly - Oral Argument held on 12/5/2022. (Court Reporter Bonnie Archer.) (nmf) |
| Filing 48 MOTION for Pro Hac Vice Appearance of Attorney Jiepu (Bobby) Li - filed by Matthews Real Estate Investment Services, Inc.. (Harper, Brandon) |
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SO ORDERED, re #48 MOTION for Pro Hac Vice Appearance of Attorney Jiepu (Bobby) Li, filed by Matthews Real Estate Investment Services, Inc. Ordered by Judge Colm F. Connolly on 12/2/2022. (kmd)
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| Filing 47 Letter to the Honorable Chief Judge Colm F. Connolly from Brandon Harper, Esquire regarding Request for Co-Counsel's Telephonic Hearing Attendance. (Harper, Brandon) |
| Filing 46 PROPOSED ORDER Granting Motion for Leave to Expand the Record re #45 MOTION for Leave to File (Motion for Leave to Expand the Record) by Steven Markos. (Gonen, Michael) |
| Filing 45 MOTION for Leave to File (Motion for Leave to Expand the Record) - filed by Steven Markos. (Attachments: #1 Exhibit A)(Gonen, Michael) |
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ORAL ORDER Setting Hearings: An Oral Argument is set for 12/5/2022 at 11:00 AM in Courtroom 4B before Judge Colm F. Connolly. Ordered by Judge Colm F. Connolly on 11/7/2022. (nmf)
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| Filing 44 NOTICE OF SERVICE of Defendant Matthews Real Estate Investment Services, Inc.'s Second Amended Initial Disclosures filed by Matthews Real Estate Investment Services, Inc..(Harper, Brandon) |
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Filing 43
ORAL ORDER: The Court, having reviewed Plaintiff's motion regarding a discovery dispute (the "Motion"), (D.I. #34 ), and the briefing related thereto, (D.I. 39; D.I. 41; D.I. 42), in which Plaintiff seeks address and phone number information for eight witnesses identified by Defendant pursuant to Fed. R. Civ. P. 26(a)(1), hereby ORDERS that the Motion is DENIED as MOOT. Subsequent to the filing of the Motion, Defendant updated its disclosures at issue to provide workplace addresses and phone numbers for the witnesses, (D.I. 41 at 2; D.I. 42, ex. A), and in his reply brief, Plaintiff indicated that this response was acceptable as it was now "responsive" to the requirements of Rule 26(a)(1), (D.I. 42 at 1). To the extent that Plaintiff seeks an order of attorney's fees, that request is DENIED, in light of Fed. R. Civ. P. 37(a)(5)(A)(ii) & (iii), and the fact that there is no record in this case of Defendant engaging in obstructionist behavior. The September 19, 2022 teleconference is hereby CANCELED. Ordered by Judge Christopher J. Burke on 9/16/22. (mlc)
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| Filing 42 Letter to The Honorable Christopher J. Burke from Michael B. Gonen regarding Plaintiff's Reply Letter Brief in Support of Its Motion to Compel - re #39 MOTION to Compel Plaintiff Steven Markos's Motion to Compel Initial Disclosures - Opening Letter Brief (Reference D.I. #36, Oral Order). (Attachments: #1 Exhibit A)(Gonen, Michael) |
| Filing 41 Letter to The Honorable Judge Christopher J. Burke from Brandon Harper, Esquire regarding Amended Initial Disclosures. (Harper, Brandon) |
| Filing 40 NOTICE OF SERVICE of Defendant Matthews Real Estate Investment Services, Inc.'s Amended Initial Disclosures filed by Matthews Real Estate Investment Services, Inc..(Harper, Brandon) |
| CORRECTING ENTRY: D.I. #40 previously deleted per counsels request. (apk) |
| Filing 39 Opening Letter Brief (Reference D.I. #36, Oral Order) re D.I. #34 Motion for a Teleconference - filed by Steven Markos. (Attachments: #1 Exhibit A, #2 Text of Proposed Order)(Gonen, Michael) Modified on 8/25/2022 (dlb). |
| CORRECTING ENTRY: Motion to compel terminated- D.I. #39 was incorrectly docketed as a MOTION to Compel and should have been docketed as an Opening Letter Brief (Reference D.I. #36, Oral Order) filed by Steven Markos. Please refer to D.I. 34 as the appropriate motion related to this document.(dlb) (dlb) |
| Filing 38 NOTICE OF SERVICE of PRIOR TO 6PM ON AUGUST 19, 2022 - (i) Plaintiff Steven Markos Responses to Defendant Matthews Real Estate Investment Services, Inc.s First Set of Requests for Admissions to Plaintiff; (ii) Plaintiff Steven Markos Responses to Defendant Matthews Real Estate Investment Services, Inc.s First Set of Interrogatories to Plaintiff; and (iii) Plaintiff Steven Markos Responses to Defendant Matthews Real Estate Investment Services, Inc.s First Set of Requests for Production of Documents to Plaintiff filed by Steven Markos.(Gonen, Michael) |
| Filing 37 NOTICE OF SERVICE of Verification of Defendant's Responses and Objections to Plaintiff's First Set of Interrogatories and Defendant's Responses and Objections to Plaintiff's First Set of Requests for Production of Documents filed by Matthews Real Estate Investment Services, Inc..(Harper, Brandon) |
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Filing 36
ORAL ORDER Setting Teleconference: The Court has reviewed the parties' August 18, 2022 letter requesting a discovery teleconference regarding one dispute. (D.I. 33) The Court hereby ORDERS that the procedures for resolving a discovery dispute set out in the Scheduling Order will be modified as follows with regard to the dispute: (1) A discovery dispute teleconference is set for September 19, 2022 at 11:00 a.m. before Judge Christopher J. Burke.; (2) By no later than August 25, 2022, the party seeking relief shall file with the Court an opening letter brief, not to exceed two (2) single-spaced pages, in no less than 12-point font, outlining the issues it is raising and its position on those issues.; (3) By no later than September 1, 2022, the responding party may file an answering letter brief, not to exceed two (2) single-spaced pages, in no less than 12-point font, outlining its reasons for its opposition to the opening letter brief.; (4) By no later than September 8, 2022, the party seeking relief shall file with the Court a reply letter brief, not to exceed one (1) single-spaced page, in no less than 12-point font.; (5) By no later than September 15, 2022, the parties shall jointly provide the Court's Courtroom Deputy, Ms. Benyo, with a dial-in number via e-mail to use for the call.; (6) The parties should also consult and follow Judge Burke's "Guidelines for Discovery Disputes," which is found in the "Guidelines" tab on Judge Burke's portion of the District Court's website.; and (7) The Court may choose to resolve the dispute prior to the telephone conference and will, in that event, cancel the teleconference (however, if any party advises the Court in advance that a newer attorney will argue the dispute(s), see Standing Order Regarding Courtroom Opportunities for Newer Attorneys, https://www.ded.uscourts.gov/sites/ded/files/StandingOrder2017.pdf, then the Court will go forward with the conference). Ordered by Judge Christopher J. Burke on 8/18/2022. (dlb)
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| Filing 35 NOTICE OF SERVICE of Defendant's Responses and Objections to Plaintiff's First Set of Interrogatories; and Defendant's Responses and Objections to Plaintiff's First Set of Requests for Production of Documents filed by Matthews Real Estate Investment Services, Inc..(Harper, Brandon) |
| Filing 34 MOTION for Discovery Motion for Teleconference to Resolve Discovery Dispute - filed by Steven Markos. Motions referred to Christopher J. Burke.(Gonen, Michael) |
| Filing 33 Joint Letter to The Honorable Christopher J. Burke from Michael B. Gonen, Esquire regarding request scheduling of a discovery teleconference - re 32 Oral Order,,,,. (Gonen, Michael) |
| Remark: The parties should follow the Court's Standing Order Regarding Courtesy Copies, a copy of which is found on Judge Burke's portion of the District Court's webpage: #CJB Standing Order re Copies (dlb) |
| REMARK: The parties should be aware that the Court encourages the participation of newer attorneys in courtroom proceedings and at oral argument. Please see the Court's Standing Order Regarding Courtroom Opportunities for Newer Attorneys, a link to which is provided here for the parties' convenience:#http://www.ded.uscourts.gov/sites/ded/files/forms/StandingOrder2017.pdf (dlb) |
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Filing 32
ORAL ORDER: The Court, having reviewed the case history in light of the August 16, 2022 referral, hereby ORDERS that going forward, the procedures for resolving a dispute relating to discovery shall be as follows: Should counsel find, after good faith efforts including verbal communication among Delaware and Lead Counsel for all parties to the dispute, that they are unable to resolve a discovery matter, the parties involved in the dispute shall submit a joint letter with the text set out in the Court's standard Rule 16 Scheduling Order Non Patent, which can be found in the "Forms" tab of Magistrate Judge Burke's page on the District Court's website. The moving party (i.e., the party seeking relief from the Court) should also file a Motion For Teleconference To Resolve Discovery Dispute. The suggested text for this motion can be found in the same Forms tab. The Court will thereafter set a discovery dispute telephone conference and letter briefing schedule. Ordered by Judge Christopher J. Burke on 8/16/2022. (dlb)
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ORAL ORDER REFERRING CASE to Magistrate Judge Christopher J. Burke for all disputes relating to discovery and the protective order. Ordered by Judge Colm F. Connolly on 8/16/2022. (nmf)
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| Filing 31 NOTICE OF SERVICE of Defendant's Initial Disclosures filed by Matthews Real Estate Investment Services, Inc..(Harper, Brandon) |
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Filing 30
STIPULATION AND PROTECTIVE ORDER. Signed by Judge Colm F. Connolly on 7/22/2022. (kmd)
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| Filing 29 Joint PROPOSED ORDER Protective Order by Matthews Real Estate Investment Services, Inc.. (Harper, Brandon) |
| Filing 28 NOTICE of Appearance by Jennifer Catherine Wasson on behalf of Matthews Real Estate Investment Services, Inc. (Wasson, Jennifer) |
| Filing 27 NOTICE OF SERVICE of Defendant's First Set of Interrogatories to Plaintiff; Defendant's First Set of Requests for Production to Plaintiff; Defendant's First Set of Requests for Admissions to Plaintiff filed by Matthews Real Estate Investment Services, Inc..(Harper, Brandon) |
| Filing 26 NOTICE OF SERVICE of (1) Plaintiff's First Set of Interrogatories to Defendant; (2) Plaintiff's First Set of Requests for Production of Documents to Defendant; and (3) Plaintiff's Rule 26(a)(1) Initial Disclosures filed by Steven Markos.(Gonen, Michael) |
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Filing 25
SCHEDULING ORDER: Joinder of Parties due by 9/15/2022. Amended Pleadings due by 9/15/2022. Discovery due by 2/28/2023. Dispositive Motions due by 7/17/2023. Proposed Pretrial Order due by 10/24/2023. A Final Pretrial Conference is set for 11/14/2023 at 03:00 PM in Courtroom 4B before Judge Colm F. Connolly. A Jury Trial is set for 11/20/2023 at 08:30 AM in Courtroom 4B before Judge Colm F. Connolly. Signed by Judge Colm F. Connolly on 7/12/2022. (nmf)
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| The 7/13/2022 Scheduling Conference is canceled per the filing and entry of the Scheduling Order with no areas of dispute. (nmf) |
| Filing 24 PROPOSED ORDER (Jointly Proposed Scheduling Order) by Steven Markos. (Gonen, Michael) |
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Filing 23
Order Setting Telephonic Scheduling Conference: A Scheduling Conference is set for 7/13/2022 at 02:00 PM Telephonically before Judge Colm F. Connolly. If the parties have no disputes about the scheduling order, the Court will not require the parties to appear at a conference. Signed by Judge Colm F. Connolly on 6/29/2022. (nmf)
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| Pro Hac Vice Attorney Erin R. Ranahan for Matthews Real Estate Investment Services, 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. (srs) |
| CORRECTING ENTRY: The declaration and exhibits previously attached to the Reply Brief at D.I. #21 have been removed per request of filer. They have already been separately re-filed at D.I. #22 . (nmf) |
| Filing 22 DECLARATION re #21 Reply Brief, (Declaration of Erin Ranahan) by Matthews Real Estate Investment Services, Inc.. (Attachments: #1 Exhibit A-D)(Harper, Brandon) |
| Filing 21 REPLY BRIEF re #8 MOTION to Transfer Case to United States District Court for the District of Arizona filed by Matthews Real Estate Investment Services, Inc. (Attachments: # Certificate of Compliance)(Harper, Brandon) Modified on 6/6/2022 (nmf). |
| Filing 20 DECLARATION re #18 Answering Brief in Opposition, to Motion to Transfer Case to United States District Court for the District of Arizona (Declaration of Steven Cowley) by Steven Markos. (Attachments: #1 Exhibit A through L)(Gonen, Michael) |
| Filing 19 DECLARATION re #18 Answering Brief in Opposition, to Motion to Transfer Case to United States District Court for the District of Arizona (Declaration of Steven Markos) by Steven Markos. (Gonen, Michael) |
| Filing 18 ANSWERING BRIEF in Opposition re #8 MOTION to Transfer Case to United States District Court for the District of Arizona filed by Steven Markos.Reply Brief due date per Local Rules is 6/3/2022. (Attachments: #1 Certificate of Compliance)(Gonen, Michael) |
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Filing 17
SO ORDERED, re #16 STIPULATION TO EXTEND TIME Plaintiff's deadline to file answering brief and Defendant's deadline to file reply brief in connection with Defendant's opening brief in support of its motion to transfer to Plaintiff's Answering Brief,d filed by Steven Markos. Re-setting briefing schedule re #8 MOTION to Transfer Case to United States District Court for the District of Arizona: Opening Brief due 5/27/2022. Signed by Judge Colm F. Connolly on 5/24/2022. (kmd)
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| Filing 16 STIPULATION TO EXTEND TIME Plaintiff's deadline to file answering brief and Defendant's deadline to file reply brief in connection with Defendant's opening brief in support of its motion to transfer to Plaintiff's Answering Brief due May 27, 2022; Defendant's Reply Brief due June 3, 2022 - filed by Steven Markos. (Gonen, Michael) |
| Pro Hac Vice Attorney Steven M. Cowley for Steven Markos 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) |
| Filing 15 MOTION for Pro Hac Vice Appearance of Attorney Steven M. Cowley - filed by Steven Markos. (Gonen, Michael) |
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SO ORDERED, re #15 MOTION for Pro Hac Vice Appearance of Attorney Steven M. Cowley, filed by Steven Markos. Ordered by Judge Colm F. Connolly on 5/10/2022. (kmd)
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SO ORDERED, re #14 MOTION for Pro Hac Vice Appearance of Attorney Erin R. Ranahan of Winston & Strawn LLP, filed by Matthews Real Estate Investment Services, Inc. Ordered by Judge Colm F. Connolly on 5/10/2022. (kmd)
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| Filing 14 MOTION for Pro Hac Vice Appearance of Attorney Erin R. Ranahan of Winston & Strawn LLP - filed by Matthews Real Estate Investment Services, Inc.. (Harper, Brandon) |
| Filing 13 Disclosure Statement pursuant to Rule 7.1: identifying Corporate Parent MREIS Holdings, LLC for Matthews Real Estate Investment Services, Inc. filed by Matthews Real Estate Investment Services, Inc.. (Harper, Brandon) |
| Filing 12 ANSWER to #1 Complaint, with Jury Demand by Matthews Real Estate Investment Services, Inc..(Harper, Brandon) |
| Filing 11 DECLARATION re #9 Opening Brief in Support, re 8 MOTION to Transfer Case to United States District Court for the District of Arizona [Declaration of Katie Carpenter] by Matthews Real Estate Investment Services, Inc.. (Harper, Brandon) |
| Filing 10 DECLARATION re #9 Opening Brief in Support, re 8 MOTION to Transfer Case to United States District Court for the District of Arizona [Declaration of Lori Valencia] by Matthews Real Estate Investment Services, Inc.. (Harper, Brandon) |
| Filing 9 OPENING BRIEF in Support re #8 MOTION to Transfer Case to United States District Court for the District of Arizona filed by Matthews Real Estate Investment Services, Inc..Answering Brief/Response due date per Local Rules is 5/23/2022. (Harper, Brandon) |
| Filing 8 MOTION to Transfer Case to United States District Court for the District of Arizona - filed by Matthews Real Estate Investment Services, Inc.. (Attachments: #1 Text of Proposed Order)(Harper, Brandon) |
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SO ORDERED, re #7 STIPULATION TO EXTEND TIME to answer, move or otherwise respond to the Complaint to May 9, 2022, filed by Matthews Real Estate Investment Services, Inc. Reset Answer Deadlines: Matthews Real Estate Investment Services, Inc. answer due 5/9/2022. Ordered by Judge Colm F. Connolly on 4/26/2022. (kmd)
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| Filing 7 STIPULATION TO EXTEND TIME to answer, move or otherwise respond to the Complaint to May 9, 2022 - filed by Matthews Real Estate Investment Services, Inc.. (Harper, Brandon) |
| Case Assigned to Judge Colm F. Connolly. Please include the initials of the Judge (CFC) after the case number on all documents filed. (rjb) |
| Filing 6 SUMMONS Returned Executed by Steven Markos. Matthews Real Estate Investment Services, Inc. served on 4/4/2022, answer due 4/25/2022. (Gonen, Michael) |
| Filing 5 NOTICE of Certification of Interested Parties by Steven Markos (Gonen, Michael) |
| Filing 4 Summons Issued as to Matthews Real Estate Investment Services, Inc. (twk) |
| Filing 3 Report to the Register of Copyrights for Copyright Number(s): VA 2-058-977; VA 2-022-996. (twk) |
| Filing 2 Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (twk) |
| Filing 1 COMPLAINT filed with Jury Demand against Matthews Real Estate Investment Services, Inc. - Magistrate Consent Notice to Pltf. ( Filing fee $ 402, receipt number ADEDC-3841285.) - filed by Steven Markos. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Civil Cover Sheet)(twk) |
| Remark: AO 121 Copyright Report mailed to Register of Copyrights. (twk) |
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