Datto, Inc. et al v. Moore
| Datto, Inc. and Datto Europe Limited, Datto Europe Limited and Datto, Inc. |
| Daniel Moore |
| Peter J. Grilli |
| 8:2020cv02446 |
| October 19, 2020 |
| US District Court for the Middle District of Florida |
| Virginia M Hernandez Covington |
| Thomas G Wilson |
| Other Statutory Actions |
| 18 U.S.C. § 1030 |
| Plaintiff |
Docket Report
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This docket was last retrieved on December 11, 2020. A more recent docket listing may be available from PACER.
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Filing 52
ORDER: Defendant Daniel Moore's Motion to Dismiss or, in the Alternative, Motion for a More Definite Statement and/or Summary Judgment (Doc. #21) is DENIED. Moore's answer to the complaint is due within 14 days of the date of this Order. Signed by Judge Virginia M. Hernandez Covington on 12/11/2020. (DMD)
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Filing 51
ORDER regarding motions for summary judgment. See Order for details. Signed by Judge Virginia M. Hernandez Covington on 12/10/2020. (TWL)
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Filing 50
ENDORSED ORDER: In light of the Court's Case Management and Scheduling Order (Doc. #49), no case management hearing will be held. Additionally, in order to keep cases moving on track, the Court has found it necessary to impose some restrictions on the types and number of extensions to case management deadlines that it grants. Thus, the parties are advised that, while short extensions, especially if unopposed, will be favorably considered, the Court will not substantially move the dispositive motions deadline or the trial date. Signed by Judge Virginia M. Hernandez Covington on 12/10/2020. (TWL)
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Filing 49
CASE MANAGEMENT AND SCHEDULING ORDER: Final Pretrial Conference set for 11/10/2021 at 9:00 AM in Tampa Courtroom 14 B before Judge Virginia M. Hernandez Covington, Jury Trial set for the December 2021 trial term in Tampa Courtroom 14 B before Judge Virginia M. Hernandez Covington, Conduct mediation hearing by 7/6/2021. Lead counsel to coordinate dates. Signed by Judge Virginia M. Hernandez Covington on 12/10/2020. (TWL)
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| Filing 48 CERTIFICATE of interested persons and corporate disclosure statement re #46 Case Management Report by Datto Europe Limited, Datto, Inc. (Faggianelli, Nancy) |
| Filing 47 CERTIFICATE of interested persons and corporate disclosure statement by Daniel Moore. (Biondolino, Amanda) |
| Filing 46 CASE MANAGEMENT REPORT. (Faggianelli, Nancy) |
| Filing 45 CORPORATE Disclosure Statement by Datto Europe Limited, Datto, Inc. (Faggianelli, Nancy) |
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Filing 44
ORDER: The Motion for Preliminary Injunction (Doc. #13) is no longer referred to the Honorable Thomas G. Wilson. The Court approves the parties' Stipulated Preliminary Injunction Order. (Doc. #43). Signed by Judge Virginia M. Hernandez Covington on 11/30/2020. (AR)
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| Filing 43 STIPULATION - Stipulated Preliminary Injunction Order by Datto Europe Limited, Datto, Inc. (Faggianelli, Nancy) |
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Filing 42
ORDER denying as moot #14 Motion to Expedite Discovery. Signed by Magistrate Judge Thomas G. Wilson on 11/25/2020. (Wilson, Thomas)
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Filing 41
ENDORSED ORDER: The parties' joint Motion for Extension of Time (Doc. #39) is granted. The parties are directed to file their case management report by December 4, 2020. Signed by Judge Virginia M. Hernandez Covington on 11/25/2020. (AR)
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| Filing 40 *Terminated. Counsel to refile with attorney signatures.*STIPULATION - Stipulated Preliminary Injunction Order by Datto Europe Limited, Datto, Inc. (Faggianelli, Nancy) Modified on 11/25/2020 (DMS). |
| Filing 39 Joint MOTION for Extension of Time to File Case Management Report by Datto Europe Limited, Datto, Inc. (Faggianelli, Nancy) |
| Filing 38 Minute Entry. Proceedings held before Magistrate Judge Thomas G. Wilson: MOTION HEARING held on 11/24/2020 re #14 MOTION to Expedite Discovery and Memorandum of Law in Support filed by Datto Europe Limited, Datto, Inc. Court Reporter: Sharon A. Miller (DMS) |
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Filing 37
ENDORSED ORDER: In light of Plaintiffs' opposition and the Court's review of the underlying motion to dismiss, the motion for leave to file a reply (Doc. #36) is denied. Signed by Judge Virginia M. Hernandez Covington on 11/23/2020. (DMD)
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| Filing 36 MOTION for Leave to File Other Document :Reply to Plaintiffs' Opposition to Defendant's Motion to Dismiss by Daniel Moore. (Biondolino, Amanda) |
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Filing 35
ORDER granting #33 Plaintiffs' Unopposed Motion for Leave to Appear by Video or Telephone at the November 24, 2020 Hearing on Plaintiffs' Motion to Expedited Discovery. The hearing will now take place via Zoom videoconference for all participants. Signed by Magistrate Judge Thomas G. Wilson on 11/19/2020. (DMS)
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| Filing 34 RESPONSE in Opposition re #21 MOTION to Dismiss Complaint , or in the Alternative, Motion for a More Definite Statement and/or for Summary Judgment filed by Datto Europe Limited, Datto, Inc. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Faggianelli, Nancy) |
| Filing 33 Unopposed MOTION for Michael Weil to appear telephonically (or via video) by Datto Europe Limited, Datto, Inc. (Faggianelli, Nancy) |
| Filing 32 NOTICE of pendency of related cases re #6 Related case order and track 2 notice per Local Rule 1.04(d) by Daniel Moore. Related case(s): No (Biondolino, Amanda) |
| Filing 31 NOTICE by Datto Europe Limited, Datto, Inc. (Pendency of Other Actions). (Faggianelli, Nancy) |
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Filing 30
ORDER denying #29 Motion for Leave to File Reply to Defendant's Response in Opposition to Motion for Expedited Discovery. Signed by Magistrate Judge Thomas G. Wilson on 11/10/2020. (DMS)
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| Filing 29 Unopposed MOTION for Leave to File Other Document (Reply to Defendant's Response in Opposition to Motion for Expedited Discovery) by Datto Europe Limited, Datto, Inc. (Faggianelli, Nancy) |
| Filing 28 NOTICE of hearing: Oral argument on Motion to Expedite Discovery (Doc. 14) is SCHEDULED for 11/24/2020 at 2:30 PM in Tampa Courtroom 12 A before Magistrate Judge Thomas G. Wilson. Belated submissions are disfavored. Any materials submitted after 4:00 p.m. on the day before the hearing will be disregarded.(MEM) |
| Filing 27 RESPONSE in Opposition re #14 MOTION to Expedite Discovery and Memorandum of Law in Support filed by Daniel Moore. (Attachments: #1 Exhibit 1 - Moore Declaration, #2 Exhibit 2 - Sharp Declaration)(Biondolino, Amanda) |
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Filing 26
ORDER granting #25 Defendant's Motion for Clarification and/or Extension of Time to Respond to Plaintiffs' Motion for Preliminary Injunction. Defendant must serve his response no later than seven business days before the hearing on the motion. Signed by Magistrate Judge Thomas G. Wilson on 11/9/2020. (DMS)
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| Filing 25 MOTION for Miscellaneous Relief, specifically Clarification of Deadline, MOTION for Extension of Time to File Response/Reply as to #13 MOTION for Preliminary Injunction by Daniel Moore. (Biondolino, Amanda) |
| Filing 24 NOTICE of Appearance by Craig E. Rothburd on behalf of Daniel Moore. (Rothburd, Craig) |
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Filing 23
ENDORSED ORDER denying the opposed motion to stay further proceedings. (Doc. #22). Although the Court understands Moore's concerns, the pending motion to dismiss does not justify staying the proceedings. Signed by Judge Virginia M. Hernandez Covington on 11/5/2020. (DMD)
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| Filing 22 MOTION to Stay by Daniel Moore. (Biondolino, Amanda) |
| Filing 21 MOTION to Dismiss Complaint , or in the Alternative, Motion for a More Definite Statement and/or for Summary Judgment by Daniel Moore. (Attachments: #1 Exhibit 1 - Settlement Agreement, #2 Exhibit 2 - Moore Declaration)(Biondolino, Amanda) |
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Filing 20
ENDORSED ORDER: Counsel are directed to meet and confer, in person or by telephone, and by November 27, 2020, file a completed Case Management Report. This document can be found on Judge Covington's page of the Court's website at www.flmd.uscourts.gov. Please be advised that the Court's Case Management Report form is different from those used by other judges. Local Rule 3.05(c)(2)(E), M.D. Fla., explains that most track two cases, like the present case, "will be tried within one year after the filing of the complaint." To accomplish this goal, the Court believes that six to eight months is a sufficient period of time to conduct discovery. If the parties believe that more time than eight months will be needed to complete discovery, the parties should provide the Court with a detailed explanation as to why additional time is needed and a timeline for the discovery that is planned. The Court will then determine whether a Case Management Hearing is necessary before entry of a Case Management and Scheduling Order. Signed by Judge Virginia M. Hernandez Covington on 10/30/2020. (DMD)
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| Filing 19 PROOF of service by Datto Europe Limited, Datto, Inc. (Faggianelli, Nancy) |
| Filing 18 NOTICE of Appearance by Cynthia N. Sass on behalf of Daniel Moore. (Sass, Cynthia) |
| Filing 17 NOTICE of Appearance by Amanda L. Biondolino on behalf of Daniel Moore. (Biondolino, Amanda) |
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Filing 16
ENDORSED ORDER referring the Motion for Expedited Discovery (Doc. #14) to the Honorable Thomas G. Wilson, United States Magistrate Judge, for disposition pursuant to 28 U.S.C. 636(b)(1)(A). Signed by Judge Virginia M. Hernandez Covington on 10/27/2020. (DMD) Motions referred to Magistrate Judge Thomas G. Wilson.
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Filing 15
ENDORSED ORDER referring the Motion for Preliminary Injunction (Doc. #13) to the Honorable Thomas G. Wilson, United States Magistrate Judge, for the issuance of a report and recommendation, including any hearings, motions, and deadlines related thereto. Signed by Judge Virginia M. Hernandez Covington on 10/27/2020. (DMD) Motions referred to Magistrate Judge Thomas G. Wilson.
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| Filing 14 MOTION to Expedite Discovery and Memorandum of Law in Support by Datto Europe Limited, Datto, Inc. (Faggianelli, Nancy) |
| Filing 13 MOTION for Preliminary Injunction by Datto Europe Limited, Datto, Inc. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Declaration of Harsh, #9 Declaration of Singh, #10 Declaration of Ledger, #11 Declaration of Crain, #12 Text of Proposed Order Order)(Faggianelli, Nancy) |
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Filing 12
ORDER granting #9 plaintiffs' Motion for Clement Roberts to Appear Pro Hac Vice; granting #10 plaintiffs' Motion for Michael D. Weil to Appear Pro Hac Vice. Signed by Magistrate Judge Thomas G. Wilson on 10/23/2020. (DMS)
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| Filing 11 NOTICE of Appearance by David Robert Wright on behalf of Datto Europe Limited, Datto, Inc. (Wright, David) |
| Filing 10 MOTION for Michael D. Weil to appear pro hac vice, Special Admission fee paid, Receipt No. 113A-17464886 for $150 by Datto Europe Limited, Datto, Inc.. (Faggianelli, Nancy) Motions referred to Magistrate Judge Thomas G. Wilson. |
| Filing 9 MOTION for Clement Roberts to appear pro hac vice, Special Admission fee paid, Receipt No. 113A-17464853 for $150 by Datto Europe Limited, Datto, Inc.. (Faggianelli, Nancy) Motions referred to Magistrate Judge Thomas G. Wilson. |
| Filing 8 NOTICE of Appearance by David Lisko on behalf of ConnectWise LLC. (Lisko, David) |
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Filing 7
ORDER: Plaintiff is directed to effect service of process as required by Rule 4, Fed. R. Civ. P., and file proof thereof with the Court as soon as service has been effected. See Order for details. Signed by Judge Virginia M. Hernandez Covington on 10/22/2020. (TWL)
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Filing 6
RELATED CASE ORDER AND NOTICE of designation under Local Rule 3.05 - track 2. Signed by Judge Virginia M. Hernandez Covington on 10/22/2020. (TWL)
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| Filing 5 SUMMONS issued as to Daniel Moore. (JLD) |
| Filing 4 NOTICE to counsel Clement Roberts and Michael Weil of Local Rule 2.02, Special Admission to Practice - Pay the $150.00 Special Admission Fee; Complete the E-Filer Registration Form to obtain a login and password for CM/ECF; Local counsel must electronically file a Motion to appear Pro Hac Vice on behalf of the non-resident attorney (Signed by Deputy Clerk) (JLD) |
| Filing 3 PROPOSED summons to be issued by Datto, Inc. and Datto Europe Limited. (Faggianelli, Nancy) |
| Filing 2 NEW CASE ASSIGNED to Judge Virginia M. Hernandez Covington and Magistrate Judge Thomas G. Wilson. New case number: 8:20-cv-2446-T-33TGW. (SJB) |
| Filing 1 COMPLAINT against Datto, Inc. and Datto Europe Limited with Jury Demand (Filing fee $ 400 receipt number 113A-17444758) filed by All Plaintiffs. (Attachments: #1 Civil Cover Sheet, #2 EHIBIT A)(Faggianelli, Nancy) |
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