ADT LLC, et al. v. Vivint Smart Home, Inc., et al
| ADT LLC |
| Legacy Vivant Smart Home, Inc., Vivant Smart Home, Inc., The ADT Security Corporation, Vivint Smart Home, Inc. and Mosaic Acquisition Corp. |
| Legacy Vivint Smart Home, Inc. |
| 1:2020cv23391 |
| August 14, 2020 |
| US District Court for the Southern District of Florida |
| Marcia G Cooke |
| Jonathan Goodman |
| Jose E Martinez |
| Trademark |
| 28 U.S.C. § 1338 Trademark Infringement |
| Defendant |
Docket Report
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This docket was last retrieved on June 1, 2023. A more recent docket listing may be available from PACER.
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Filing 156
PAPERLESS ORDER regarding #155 STIPULATION of Dismissal Joint Stipulation for Dismissal with Prejudice pursuant to Rule 41(a)(1)(A)(ii). Rule 41(a)(1)(A)(ii) is self-executing and divests this Court of jurisdiction. See Anago Franchising, Inc. v. Shaz, LLC, 677 F.3d 1272, 1278 (11th Cir. 2012) ("[T]the plain language of Rule 41(a)(1)(A)(ii) requires that a stipulation filed pursuant to that subsection is self-executing and dismisses the case upon its becoming effective. The stipulation becomes effective upon filing unless it explicitly conditions its effectiveness on a subsequent occurrence. District courts need not and may not take action after the stipulation becomes effective because the stipulation dismisses the case and divests the district court of jurisdiction.").Accordingly, the trial and all pretrial hearings and deadlines are terminated and the Clerk of the Court is instructed to close this case. Signed by Magistrate Judge Jonathan Goodman on 6/1/2023. (mkr)
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Filing 155
JOINT STIPULATION for Dismissal With Prejudice by Legacy Vivint Smart Home, Inc., Vivint Smart Home, Inc. (Vieira, Olga)
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Filing 154
PAPERLESS ORDER to show cause. The parties participated in a mediation on May 22, 2023. [ECF No. #142 ]. That week, both the mediator and one of the parties called Chambers to advise that the parties had reached a settlement at mediation. The Amended Scheduling Order states, in part, that: Within five days following mediation, the mediator shall file a Mediation Report indicating whether the parties were present and/or recommending sanctions for non-attendance. The Report shall also state whether the case settled (in full or in part), whether mediation was continued with the parties' consent, or whether the mediator declared an impasse.[ECF No. #103 , p. 10]. The deadline to file the mediation report has passed and no party has moved for an extension of time. The parties shall contact the mediator and ensure that a mediation report is filed in this case no later than June 7, 2023. By the same deadline, the parties will each file a show cause memorandum addressing the failure to comply with this court-imposed deadline. Signed by Magistrate Judge Jonathan Goodman on 5/31/2023. (mkr)
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Filing 153
OMNIBUS ORDER ON MOTIONS #114 IN LIMINE AND #115 #116 DAUBERT. Signed by Magistrate Judge Jonathan Goodman on 5/19/2023. See attached document for full details. (mkr)
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Filing 152
PAPERLESS ORDER granting #148 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Robert Longtin. Signed by Magistrate Judge Jonathan Goodman on 5/18/2023. (mkr)
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Filing 151
PAPERLESS ORDER granting #147 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Mario O. Gazzola. Signed by Magistrate Judge Jonathan Goodman on 5/18/2023. (mkr)
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Filing 150
PAPERLESS ORDER granting #146 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Kathryn Bonacorsi. Signed by Magistrate Judge Jonathan Goodman on 5/18/2023. (mkr)
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Filing 149
PAPERLESS ORDER granting #145 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney John B. Quinn. Signed by Magistrate Judge Jonathan Goodman on 5/18/2023. (mkr)
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Filing 148
MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Robert Longtin. Filing Fee $ 200.00 Receipt # AFLSDC-16628595 by Vivint Smart Home, Inc.. Responses due by 6/1/2023 (Attachments: #1 Certification Certification of Robert Longtin, #2 Text of Proposed Order Proposed Order re Pro Hac Vice Robert Longtin)(Vieira, Olga)
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Filing 147
MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Mario O. Gazzola. Filing Fee $ 200.00 Receipt # AFLSDC-16628568 by Vivint Smart Home, Inc.. Responses due by 6/1/2023 (Attachments: #1 Certification Certification of Mario O. Gazzola, #2 Text of Proposed Order Proposed Order re Pro Hac Vice Mario O. Gazzola)(Vieira, Olga)
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Filing 146
MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Kathryn Bonacorsi. Filing Fee $ 200.00 Receipt # AFLSDC-16628548 by Vivint Smart Home, Inc.. Responses due by 6/1/2023 (Attachments: #1 Certification Certification of Kathryn Bonacorsi, #2 Text of Proposed Order Proposed Order re Pro Hac Vice Kathryn Bonacorsi)(Vieira, Olga)
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Filing 145
MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for John B. Quinn. Filing Fee $ 200.00 Receipt # AFLSDC-16628337 by Vivint Smart Home, Inc.. Responses due by 6/1/2023 (Attachments: #1 Certification Certification of John B. Quinn, #2 Text of Proposed Order Proposed Order re Pro Hac Vice John B. Quinn)(Vieira, Olga)
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Filing 144
PAPERLESS ORDER granting #143 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Ellyde R. Thompson. Signed by Magistrate Judge Jonathan Goodman on 5/18/2023. (mkr)
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Filing 143
MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Ellyde R. Thompson. Filing Fee $ 200.00 Receipt # AFLSDC-16628092 by Vivint Smart Home, Inc.. Responses due by 6/1/2023 (Attachments: #1 Certification Certification of Ellyde R. Thompson, #2 Text of Proposed Order Proposed Order re Pro Hac Vice Ellyde R. Thompson)(Vieira, Olga)
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Filing 142
ORDER Scheduling Mediation for 5/22/2023 at 9:00 AM. Signed by Magistrate Judge Jonathan Goodman on 4/28/2023. See attached document for full details. (mkr)
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Filing 141
NOTICE of Compliance With Order Requiring Mediation by ADT LLC, The ADT Security Corporation re #103 Scheduling Order,, (Attachments: #1 Exhibit A-Proposed Order) (McLoone, Jennifer)
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Filing 140
PAPERLESS ORDER granting #139 Joint MOTION for Extension of Time to Serve Deposition Designations and File Objections. The parties will have until June 7, 2023 to serve deposition designations and until June 21, 2023 to file any objections to the designations. The parties will abide by all other terms of the #103 Amended Scheduling Order. Signed by Magistrate Judge Jonathan Goodman on 4/10/2023. (mkr)
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Filing 139
Joint MOTION for Extension of Time to Serve Deposition Designations and Objections by Legacy Vivint Smart Home, Inc., Vivint Smart Home, Inc.. Responses due by 4/24/2023 (Attachments: #1 Text of Proposed Order Proposed Order)(Brown, Joshua)
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Filing 138
PAPERLESS ORDER granting #136 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Stacylyn Doore. Signed by Magistrate Judge Jonathan Goodman on 4/3/2023. (mkr)
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Filing 137
PAPERLESS ORDER granting #135 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Rachel E. Epstein. Signed by Magistrate Judge Jonathan Goodman on 4/3/2023. (mkr)
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Filing 136
MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Stacylyn Doore. Filing Fee $ 200.00 Receipt # AFLSDC-16492685 by Legacy Vivint Smart Home, Inc., Vivint Smart Home, Inc.. Responses due by 4/14/2023 (Attachments: #1 Certification Certification for Motion of Stacylyn Doore, #2 Text of Proposed Order Proposed Order Granting Motion to Appear Pro Hac Vice)(Vieira, Olga)
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Filing 135
MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Rachel E. Epstein. Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing with Proposed Order Filing Fee $ 200.00 Receipt # AFLSDC-16492019 by Legacy Vivint Smart Home, Inc., Vivint Smart Home, Inc.. Responses due by 4/14/2023 (Vieira, Olga)
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Filing 134
NOTICE of Attorney Appearance by Olga M. Vieira on behalf of Legacy Vivint Smart Home, Inc., Vivint Smart Home, Inc.. Attorney Olga M. Vieira added to party Legacy Vivint Smart Home, Inc.(pty:cc), Attorney Olga M. Vieira added to party Legacy Vivint Smart Home, Inc.(pty:dft), Attorney Olga M. Vieira added to party Vivint Smart Home, Inc.(pty:cc), Attorney Olga M. Vieira added to party Vivint Smart Home, Inc.(pty:dft). (Vieira, Olga)
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Filing 133
REPLY to #127 Response in Opposition to Motion, To Exclude Testimony of Dr. Eric Matolo by Legacy Vivint Smart Home, Inc., Vivint Smart Home, Inc.. (Brown, Joshua)
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Filing 132
REPLY to #125 Response in Opposition to Motion,, To Exclude Dr. Russell S. Winer by Legacy Vivint Smart Home, Inc., Vivint Smart Home, Inc.. (Attachments: #1 Exhibit Exhibit A)(Brown, Joshua)
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Filing 131
RESPONSE in Support re #114 MOTION in Limine filed by Legacy Vivint Smart Home, Inc., Vivint Smart Home, Inc.. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B)(Brown, Joshua)
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Filing 130
NOTICE by Legacy Vivint Smart Home, Inc., Vivint Smart Home, Inc. re 126 Order on Motion to Seal,,,,, (of Filing Redacted Exhibits) (Attachments: #1 Exhibit Exhibit A to D.E. 124-Vivint 26660 Part 1 of 2, #2 Exhibit Exhibit A to D. E.124-Vivint 26660 Part 2 of 2, #3 Exhibit Exhibit B to D.E. 124-Kent Depo Transcript, #4 Exhibit Exhibit K to D.E. 124-Vivint 9794, #5 Exhibit Exhibit G to D.E. 125-Buss Depo Transcript, #6 Exhibit Exhibit H to D.E. 125-Buss Report) (Brown, Joshua)
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SYSTEM ENTRY - Docket Entry 129 [misc] restricted/sealed until further notice. (980606)
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SYSTEM ENTRY - Docket Entry 128 [misc] restricted/sealed until further notice. (1039344)
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Filing 127
RESPONSE in Opposition re #116 MOTION Daubert Motion to Exclude Testimony of Dr. Eric Matolo filed by ADT LLC, The ADT Security Corporation. Replies due by 1/31/2023. (Attachments: #1 Exhibit A-ADT v Alarm Protection, #2 Exhibit B-ADT v Vivint, #3 Exhibit C-ADT v. Safe Home, #4 Exhibit D-Hearing Transcript CPI v. Vivint)(McLoone, Jennifer)
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Filing 126
PAPERLESS ORDER granting #123 Unopposed MOTION to Seal per Local Rule 5.4 by ADT LLC and The ADT Security Corporation. The parties will follow the same protocol outlined in the Court's earlier Order [ECF No. 117], except that Plaintiffs will be filing the documents under seal and Defendants (who, in this instance, are the parties who designated the documents as "CONFIDENTIAL" or "HIGHLY CONFIDENTIAL") will file redacted versions of all the exhibits filed under seal, redacting only those portions which are confidential. In making their redactions, Defendants will follow the Court's instructions and guidance set forth in ECF No. 117 (for example, "entire documents should not be hidden from the public merely because a small portion is worthy of under-seal treatment" and the redacting party "shall err on the side of public access when determining whether information should be publicly filed or filed in a redacted way" [ECF No. 117, p. 3]). Defendants will file redacted versions of the exhibits by no later than January 31, 2023. By the same deadline, Defendants will also file under seal only those portions which have been redacted in order to enable the Court to quickly determine if the material is worthy of redaction. Signed by Magistrate Judge Jonathan Goodman on 1/24/2023. (mkr)
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Filing 125
RESPONSE in Opposition re #115 MOTION Daubert Motion to Exclude Testimony of Dr. Russell S. Winer filed by ADT LLC, The ADT Security Corporation. Replies due by 1/31/2023. (Attachments: #1 Exhibit A-Deposition of Brian Buss, #2 Exhibit B-Vivint Memo In Support Of Preliminary Injunction, #3 Exhibit C-Winer Report CPI v Vivint, #4 Exhibit D-Hearing Transcript CPI v Vivint, #5 Exhibit E-Deposition of Jason Corbridge, #6 Exhibit F-Deposition of Dr. Winer - CPI v. Vivint, #7 Exhibit G-Placeholder to be filed under seal, #8 Exhibit H-Placeholder to be filed under seal)(McLoone, Jennifer)
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Filing 124
RESPONSE in Opposition re #114 MOTION in Limine filed by ADT LLC, The ADT Security Corporation. Replies due by 1/31/2023. (Attachments: #1 Exhibit A-Placeholder to be filed under seal, #2 Exhibit B-Placeholder to be filed under seal, #3 Exhibit C-Declaration Caleb Banks, #4 Exhibit D-Order re Vivint Motion to Exclude, #5 Exhibit E-Order Adopting R&R, #6 Exhibit F-Summary Exhibit of ADT Customers, #7 Exhibit G-Order on MIL and Motions to Exclude Expert Testimony, #8 Exhibit H-Order Granting Motion to Bar Argument, #9 Exhibit I-ADT 2d Set of Interrogatories, #10 Exhibit J-Vivint Responses to ADT 2d Rogs, #11 Exhibit K-Placeholder to be filed under seal, #12 Exhibit L-Vivint Memo, #13 Exhibit M-ADT Rule 26 Disclosure, #14 Exhibit N-ADT 2d Supplemental Disclosure, #15 Exhibit O-Vivint 2d Amended 30(b)(6) Depo of Plaintiff, #16 Exhibit P-ADTs Third Supplemental Disclosure)(McLoone, Jennifer)
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Filing 123
Unopposed MOTION to Seal per Local Rule 5.4 by ADT LLC, The ADT Security Corporation. (Attachments: #1 Text of Proposed Order) (McLoone, Jennifer)
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Filing 122
PAPERLESS ORDER granting #121 Joint MOTION to Extend Briefing Deadlines by One Week. The parties will have until January 24, 2023 to file responses to the Daubert motions and motions in limine. All replies to these motions must be filed by February 3, 2023. There will be no further enlargements of this briefing schedule absent compelling circumstances bordering on a bona fide emergency. Signed by Magistrate Judge Jonathan Goodman on 1/10/2023. (mkr)
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Filing 121
Joint MOTION for Extension of Time To Extend Briefing Deadlines By One Week by ADT LLC, The ADT Security Corporation. Responses due by 1/24/2023 (Attachments: #1 Text of Proposed Order)(McLoone, Jennifer)
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Filing 119
NOTICE of Compliance PLAINTIFFS' NOTICE OF FILING REDACTED EXHIBITS IN COMPLIANCE WITH ORDER [ECF NO. 117] by ADT LLC, The ADT Security Corporation re #117 Order on Motion to Seal (Attachments: #1 Exhibit 114 Ex. B - ADT00032494, #2 Exhibit 114 Ex. D - ADT 941 Call Tr, #3 Exhibit 114 Ex. E - ADT 184 Call Tr, #4 Exhibit 114 Ex. F - ADT 576 Call Tr, #5 Exhibit 114 Ex. G - ADT 328 Call Tr, #6 Exhibit 114 Ex. H - ADT 239-240 Call Tr, #7 Exhibit 114 Ex. I - ADT 1069 Call Tr, #8 Exhibit 114 Ex. J - ADT 675 Call Tr, #9 Exhibit 114 Ex. K - ADT 323 Call Tr, #10 Exhibit 114 Ex. L - ADT 30(b)(6) Dep. (M. Gold), #11 Exhibit 114 Ex. Q - Winer Dep, #12 Exhibit 114 Ex. R - Matolo Dep, #13 Exhibit 115 Ex. A - Winer Dep, #14 Exhibit 115 Ex. B - Cona Dep, #15 Exhibit 115 Ex. D - Winer Report, #16 Exhibit 116 Ex. A - Matolo Report, #17 Exhibit 116 Ex. B - Matolo Dep) (McLoone, Jennifer)
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SYSTEM ENTRY - Docket Entry 120 [misc] restricted/sealed until further notice. (1039344)
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Filing 117
ORDER ON #113 DEFENDANTS' UNOPPOSED MOTION TO FILE DOCUMENTS UNDER SEAL. Signed by Magistrate Judge Jonathan Goodman on 12/16/2022. See attached document for full details. (mkr)
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SYSTEM ENTRY - Docket Entry 118 [misc] restricted/sealed until further notice. (980606)
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Filing 116
MOTION Daubert Motion to Exclude Testimony of Dr. Eric Matolo by Legacy Vivint Smart Home, Inc., Vivint Smart Home, Inc.. (Attachments: #1 Exhibit C, #2 Exhibit D, #3 Exhibit E)(Brown, Joshua)
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Filing 115
MOTION Daubert Motion to Exclude Testimony of Dr. Russell S. Winer by Legacy Vivint Smart Home, Inc., Vivint Smart Home, Inc.. (Attachments: #1 Exhibit C, #2 Exhibit E)(Brown, Joshua)
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Filing 114
MOTION in Limine by Legacy Vivint Smart Home, Inc., Vivint Smart Home, Inc.. (Attachments: #1 Exhibit A - ADT's Rule 26 Initial Disclosures, #2 Exhibit C - Ver Planck Depo, #3 Exhibit M - ADT's Trial Witness List, #4 Exhibit N - ADT's Second Supplemental Disclosure, #5 Exhibit O - ADT's First Supplemental Disclosure, #6 Exhibit P - Settlement Agreement and Mutual Release, #7 Exhibit S - Order Granting in Part Vivint's Motion to Exclude, #8 Exhibit T - ADT's demonstrative exhibit)(Brown, Joshua)
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Filing 113
Unopposed MOTION to Seal per Local Rule 5.4 by Legacy Vivint Smart Home, Inc., Vivint Smart Home, Inc.. (Brown, Joshua)
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Filing 112
PAPERLESS ORDER granting #111 Motion for Clarification. The answer to the question is: 24 double-spaced pages (as explained in the trial scheduling order).At the risk of stating the obvious, the parties should not engage in shenanigans designed to circumvent the page limit. There are all sorts of improper strategies which some lawyers use to accomplish this goal: modifying the margins (top and bottom and sides) to squeeze in an extra word or two per line, slightly decreasing the font size, using smaller font for footnotes, dumping large amounts of discussion from the body of a motion or memorandum of law into a footnote in order to use single-spacing (rather than the double spacing used in the body) and using large quote blocks in text (to take advantage of single-spacing, rather than double).I am certain that none of the lawyers in this case would resort to such mischief, but, in an abundance of caution, I am providing a helpful reminder.So, 24 double-spaced pages for a 20-page limit from the Local Rule. Signed by Magistrate Judge Jonathan Goodman on 12/2/2022. (JG)
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Filing 111
Unopposed MOTION for clarification #103 Scheduling Order,, by Legacy Vivint Smart Home, Inc., Vivint Smart Home, Inc.. Responses due by 12/16/2022 (Brown, Joshua)
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Filing 110
PAPERLESS ORDER denying #106 Motion for Leave to File Excess Pages.This ruling is based on a well-known comment frequently attributed to Mark Twain: "I apologize for such a long letter. I did not have time to write a shorter one." Signed by Magistrate Judge Jonathan Goodman on 12/2/2022. (JG)
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Filing 109
REPLY to Response to Motion re #106 MOTION for Leave to File Excess Pages filed by Legacy Vivint Smart Home, Inc., Vivint Smart Home, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Brown, Joshua)
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Filing 108
RESPONSE in Opposition re #106 MOTION for Leave to File Excess Pages filed by ADT LLC, The ADT Security Corporation. Replies due by 12/6/2022. (McLoone, Jennifer)
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Filing 107
PAPERLESS ORDER setting expedited briefing schedule on #106 MOTION for Leave to File Excess Pages filed by Legacy Vivint Smart Home, Inc. and Vivint Smart Home, Inc. Plaintiffs shall file their response by no later than Tuesday, November 29, 2022. Defendants may file an optional reply by Thursday, December 1, 2022. Signed by Magistrate Judge Jonathan Goodman on 11/23/2022. (mkr)
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Filing 106
MOTION for Leave to File Excess Pages by Legacy Vivint Smart Home, Inc., Vivint Smart Home, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B)(Brown, Joshua)
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Filing 105
PAPERLESS ORDER granting #104 Unopposed MOTION to Withdraw as Attorney by Erin M. Fishman for / by ADT LLC, The ADT Security Corporation. Attorney Erin M. Fishman is hereby relieved of any further responsibilities in this case. Plaintiffs will continue to be represented by the remaining attorneys and law firms who have entered appearances on Plaintiffs' behalf. Signed by Magistrate Judge Jonathan Goodman on 11/17/2022. (mkr)
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Filing 104
Unopposed MOTION to Withdraw as Attorney by Erin M. Fishman for / by ADT LLC, The ADT Security Corporation. Responses due by 12/1/2022 (Attachments: #1 Text of Proposed Order)(McLoone, Jennifer)
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Filing 103
AMENDED SCHEDULING ORDER: Jury Trial set for 8/14/2023 at 9:30 AM in Miami Division before Magistrate Judge Jonathan Goodman. The Court has reserved two weeks for this trial. Final Pretrial Conference set for 8/9/2023 at 10:00 AM in Miami Division before Magistrate Judge Jonathan Goodman. Signed by Magistrate Judge Jonathan Goodman on 10/14/2022. See attached document for full details. (mkr) #Pattern Jury Instruction Builder - To access the latest, up to date changes to the 11th Circuit Pattern Jury Instructions go to https://pji.ca11.uscourts.gov or click here. Modified on 10/14/2022 (ch1).
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Filing 102
PAPERLESS ORDER granting #101 Unopposed MOTION to Continue Trial re #100 Scheduling Order. The Court will issue a separate Amended Scheduling Order. Signed by Magistrate Judge Jonathan Goodman on 10/14/2022. (mkr)
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Filing 101
Unopposed MOTION to Continue Trial re #100 Scheduling Order,, by Legacy Vivint Smart Home, Inc., Vivint Smart Home, Inc.. Responses due by 10/27/2022 (Brown, Joshua)
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Filing 100
SCHEDULING ORDER: Jury Trial set for 5/30/2023 at 9:30 AM in Miami Division before Magistrate Judge Jonathan Goodman. The Court has reserved two weeks for this trial. Final Pretrial Conference set for 5/12/2023 at 10:00 AM in Miami Division before Magistrate Judge Jonathan Goodman. Signed by Magistrate Judge Jonathan Goodman on 10/6/2022. See attached document for full details. (mkr) #Pattern Jury Instruction Builder - To access the latest, up to date changes to the 11th Circuit Pattern Jury Instructions go to https://pji.ca11.uscourts.gov or click here.
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Filing 99
PAPERLESS Minute Entry for proceedings held before Magistrate Judge Jonathan Goodman: Zoom Trial Scheduling Conference held on 10/6/2022. The Court orders a Special set trial date of May 22,2023 at 9:30am. Post-Hearing Administrative Order and a Scheduling Order to follow. Total time in court: 35 minutes. Attorney Appearance(s): Jennifer Ann McLoone, Charles C. Eblen, Eric J. Hobbs, Michael Neil Kreitzer, Gregory W. Herbert, Matthew A. Steward, Joshua R. Brown, (Digital JG_02_10-06-2022/ Zoom) (fbn)
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Filing 98
PAPERLESS ORDER regarding Zoom Trial Scheduling Conference set for 10/6/2022 at 11:00 AM in the Miami Division before Magistrate Judge Jonathan Goodman. All parties will need to download the Zoom App for cell phone, tablet (iPad), and for those using a desktop or a laptop equipped with a webcam to click on the meeting link and install the plug-in when prompted. Then enter the Meeting ID and Password. Each participant needs to log in 10 minutes early, to make sure there are no glitches. The hearing will be conducted via ZOOM, as follows: Join ZoomGov Meeting https://www.zoomgov.com /j/1609049100?pwd=QWZNTW9mYmZNdmRsRnQzNTRxWVhBQT09. Meeting ID: 160 904 9100. Passcode: 218299.All counsel shall have their calendars available so that the Court can pinpoint a special set trial date workable to all counsel and the Court.This Zoom hearing is the digital equivalent of an actual, in-court hearing, so counsel are expected to dress as though they are in an actual federal courtroom.Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the court. Signed by Magistrate Judge Jonathan Goodman on 10/3/2022. (fbn)
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Filing 97
PAPERLESS ORDER setting Zoom Trial Scheduling Conference for 10/6/2022 at 11:00 AM in Miami Division before Magistrate Judge Jonathan Goodman. The specific Zoom link and instructions will follow by separate paperless order. All counsel shall have their calendars available so that the Court can pinpoint a special set trial date workable to all counsel and the Court. Signed by Magistrate Judge Jonathan Goodman on 10/1/2022. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the court. (mkr)
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Filing 96
ORDER REFERRING CASE to Magistrate Judge Jonathan Goodman for Trial. Judge Jose E. Martinez no longer assigned as presider/referral judge(s) in case. Signed by Judge Jose E. Martinez on 9/30/2022. See attached document for full details. (nan)
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Filing 95
Notice and Consent to Jurisdiction US Magistrate Judge signed by all parties . Filed by ADT LLC, The ADT Security Corporation (McLoone, Jennifer)
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Filing 94
ORDER Denying #93 Joint Motion for Telephonic Scheduling Conference. Signed by Judge Jose E. Martinez on 9/16/2022. See attached document for full details. (nan)
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Filing 93
Joint MOTION Joint Motion for Telephonic Scheduling Conference re #79 Scheduling Order,,,, Order Referring Case to Mediation,,, by Legacy Vivint Smart Home, Inc., Vivint Smart Home, Inc.. (Brown, Joshua)
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Filing 92
CLERKS NOTICE OF REASSIGNMENT OF CASE. Case reassigned to Judge Jose E. Martinez for all further proceedings. Judge Marcia G. Cooke no longer assigned to case. (vjk)
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Filing 91
PAPERLESS ORDER granting #90 MOTION to Withdraw filed by Attorney Jared R. Kessler. Attorney Kessler is hereby permitted to withdraw as counsel of record for Defendants Vivint Smart Home, Inc. f/k/a Mosaic Acquisition Corp. and Legacy Vivint Smart Home, Inc. f/k/a Vivint Smart Home, Inc. ("Vivint"). The law firm of Greenberg Traurig, P.A. will continue to represent Vivint in this action. Signed by Magistrate Judge Jonathan Goodman on 8/8/2022. (mkr)
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Filing 90
MOTION to Withdraw as Attorney by Jared R. Kessler for / by Legacy Vivint Smart Home, Inc., Vivint Smart Home, Inc.. Responses due by 8/22/2022 (Attachments: #1 Text of Proposed Order)(Kessler, Jared)
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Filing 89
ORDER granting #88 Defendants Motion to Amend Certain Pretrial Deadlines. All fact discovery, and expert discovery, must be completed by 8/19/2022. All dispositive and other pretrial motions not explicitly excluded by S.D. Fla. L.R. 7.1.A.1 must be filed by 9/2/2022. All Daubert and Markman motions due by 9/18/2022. Signed by Chief Judge Cecilia M. Altonaga for Judge Marcia G. Cooke on 7/21/2022. See attached document for full details. (wc)
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Filing 88
MOTION for Extension of Time of Discovery Cutoff Deadline and Certain Other Pretrial Deadlines by Legacy Vivint Smart Home, Inc.. (Attachments: #1 Text of Proposed Order)(Brown, Joshua)
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Filing 87
PAPERLESS ORDER granting #86 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Daniel E. Rohner. Signed by Magistrate Judge Jonathan Goodman on 5/19/2022. (mkr)
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Filing 86
MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Daniel E. Rohner. Filing Fee $ 200.00 Receipt # AFLSDC-15651536 by ADT LLC, The ADT Security Corporation. Responses due by 6/2/2022 (Attachments: #1 Certification, #2 Text of Proposed Order)(McLoone, Jennifer)
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Filing 85
PAPERLESS ORDER granting #84 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Erin M. Fishman. Signed by Magistrate Judge Jonathan Goodman on 4/13/2022. (mkr)
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Filing 84
MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Erin M. Fishman. Filing Fee $ 200.00 Receipt # AFLSDC-15555670 by ADT LLC, The ADT Security Corporation. Responses due by 4/27/2022 (Attachments: #1 Certification Certification of Erin M. Fishman, #2 Text of Proposed Order Proposed Order)(McLoone, Jennifer)
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Filing 83
ORDER GRANTING JOINT MOTION TO AMEND CERTAIN PRETRIAL DEADLINES. ORDER granting #82 Motion to Amend/Correct. Expert Discovery due by 7/20/2022. Fact Discovery due by 7/20/2022. Mediation Deadline 9/22/2022. Dispositive Motions due by 8/3/2022. Motions due by 8/3/2022. Signed by Judge Marcia G. Cooke on 4/6/2022. See attached document for full details. (amb)
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Filing 82
Joint MOTION to Amend/Correct #79 Scheduling Order,,,, Order Referring Case to Mediation,,, by ADT LLC, The ADT Security Corporation. Responses due by 4/19/2022 (Attachments: #1 Text of Proposed Order Proposed Amended Case Management Order)(McLoone, Jennifer)
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Filing 81
ENDORSED OMNIBUS ORDER denying as moot #66 Joint MOTION for Status Conference; denying as moot #77 Plaintiff's MOTION To Permit Remote Trial Testimony or, Alternatively, for Leave to Conduct Additional Customer Depositions; and denying as moot #78 Motion for Extension of Time to File Response to Plaintiff's MOTION To Permit Remote Trial Testimony or, Alternatively, for Leave to Conduct Additional Customer Depositions. The Court issued an Amended Scheduling Order in this case on November 2, 2021 which mooted the relief requested in these Motions. As such, these Motions are DENIED AS MOOT. Signed by Judge Marcia G. Cooke on 11/4/2021. (btn)
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Filing 80
Plaintiffs/Counterclaim Defendants ANSWER to Counterclaim and Affirmative Defenses to Counterclaims by ADT LLC, The ADT Security Corporation. (McLoone, Jennifer)
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Filing 79
AMENDED ORDER SETTING CIVIL TRIAL DATE AND PRETRIAL DEADLINES: Trial set for 12/5/2022 at 9:30 AM in Miami Division before Judge Marcia G. Cooke., Calendar Call set for 11/30/2022 at 3:00 PM in Miami Division before Judge Marcia G. Cooke., Expert Discovery due by 5/20/2022., Fact Discovery due by 4/8/2022., Mediation Deadline 7/22/2022., In Limine Motions due by 9/30/2022., Dispositive Motions due by 6/3/2022., Motions due by 6/3/2022., Pretrial Stipulation due by 9/30/2022. Signed by Judge Marcia G. Cooke on 11/1/2021. See attached document for full details. (ail) #Pattern Jury Instruction Builder - To access the latest, up to date changes to the 11th Circuit Pattern Jury Instructions go to https://pji.ca11.uscourts.gov or click here.
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Filing 78
Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #77 Plaintiff's MOTION TO PERMIT REMOTE TRIAL TESTIMONY OR, ALTERNATIVELY, FOR LEAVE TO CONDUCT ADDITIONAL CUSTOMER DEPOSITIONS by Legacy Vivint Smart Home, Inc., Vivint Smart Home, Inc.. (Herbert, Gregory)
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Filing 77
Plaintiff's MOTION TO PERMIT REMOTE TRIAL TESTIMONY OR, ALTERNATIVELY, FOR LEAVE TO CONDUCT ADDITIONAL CUSTOMER DEPOSITIONS by ADT LLC, The ADT Security Corporation. (Attachments: #1 Text of Proposed Order)(McLoone, Jennifer)
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Filing 76
ANSWER and Affirmative Defenses to Amended Complaint with Jury Demand , COUNTERCLAIM against ADT LLC, The ADT Security Corporation by Legacy Vivint Smart Home, Inc., Vivint Smart Home, Inc.. (Attachments: #1 Exhibit Composite A, #2 Exhibit B, #3 Exhibit C)(Herbert, Gregory)
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Filing 75
PAPERLESS ORDER granting #74 Motion to Withdraw as Attorney. Eric Stephen Boos, representing Plaintiffs ADT LLC and The ADT Security Corporation, is hereby withdrawn from the case. Signed by Magistrate Judge Jonathan Goodman on 10/8/2021. (jzn)
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Filing 74
Unopposed MOTION to Withdraw as Attorney by Eric S. Boos for / by ADT LLC, The ADT Security Corporation. Responses due by 10/22/2021 (Attachments: #1 Text of Proposed Order Granting Eric S. Boos' Unopposed Motion to Withdraw)(Boos, Eric)
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Filing 73
PAPERLESS ORDER granting #72 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Victoria Bunch Finlinson. Signed by Magistrate Judge Jonathan Goodman on 10/1/2021. (jzn)
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Filing 72
Unopposed MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Victoria Bunch Finlinson. Filing Fee $ 200.00 Receipt # AFLSDC-15060042 by Legacy Vivint Smart Home, Inc., Vivint Smart Home, Inc.. Responses due by 10/15/2021 (Herbert, Gregory)
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Filing 71
ORDER DENYING #24 Motion to Dismiss for Failure to State a Claim. Signed by Judge Marcia G. Cooke on 9/30/2021. See attached document for full details. (btn)
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Filing 70
PAPERLESS Order Cancelling 68 Discovery Hearing set for 9/28/21 at 2:30 pm before Magistrate Judge Jonathan Goodman in light of #69 the Notice of Cancellation. Signed by Magistrate Judge Jonathan Goodman on 9/28/2021. (jzn)
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Filing 69
NOTICE OF CANCELLATION OF HEARING by ATTORNEY: re 68 PAPERLESS ORDER setting a Zoom Discovery Hearing set for 9/28/2021 at 2:30 PM in the Miami Division before Magistrate Judge Jonathan Goodman. All parties will need to download the Zoom App for cell phone, tablet (iPad), and for those using a desktop or a laptop equipped with a webcam to click on the meeting link and install the plug-in when prompted. Then enter the Meeting ID and Password. Each participant needs to log in 10 minutes early, to make sure there are no glitches. The hearing will be conducted via ZOOM, as follows: Join ZoomGov Meeting https://www.zoomgov.com/j/1613355163?pwd=ZFNnZ3UrcXlPejNhSGUvUUd4VTVtZz09. Meeting ID: 161 335 5163. Passcode: 179144. This Zoom hearing is the digital equivalent of an actual, in-court hearing, so counsel are expected to dress as though they are in an actual federal courtroom.Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the court. Signed by Magistrate Judge Jonathan Goodman on 9/20/2021. (fbn) (Boos, Eric)
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Filing 68
PAPERLESS ORDER setting a Zoom Discovery Hearing set for 9/28/2021 at 2:30 PM in the Miami Division before Magistrate Judge Jonathan Goodman. All parties will need to download the Zoom App for cell phone, tablet (iPad), and for those using a desktop or a laptop equipped with a webcam to click on the meeting link and install the plug-in when prompted. Then enter the Meeting ID and Password. Each participant needs to log in 10 minutes early, to make sure there are no glitches. The hearing will be conducted via ZOOM, as follows: Join ZoomGov Meeting https://www.zoomgov.com/j/1613355163?pwd=ZFNnZ3UrcXlPejNhSGUvUUd4VTVtZz09. Meeting ID: 161 335 5163. Passcode: 179144. This Zoom hearing is the digital equivalent of an actual, in-court hearing, so counsel are expected to dress as though they are in an actual federal courtroom.Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the court. Signed by Magistrate Judge Jonathan Goodman on 9/20/2021. (fbn)
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Filing 67
TRANSCRIPT of Discovery Hearing Conducted via Zoom (Transcribed from the Audio Recording) held on September 9, 2021, before Magistrate Judge Jonathan Goodman, 1-43 pages, Court Reporter: Lisa Edwards, 305-439-7168 / reporterlisaedwards@gmail.com. Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 10/12/2021. Redacted Transcript Deadline set for 10/20/2021. Release of Transcript Restriction set for 12/20/2021. (le)
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Filing 66
Joint MOTION for Status Conference by Legacy Vivint Smart Home, Inc., Vivint Smart Home, Inc.. (Herbert, Gregory)
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Filing 65
NOTICE of Hearing by ATTORNEY: Discovery Hearing set for 9/28/2021 02:30 PM in Miami Division before Magistrate Judge Jonathan Goodman. (Boos, Eric)
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Filing 64
Post-Discovery Hearing Administrative ORDER. Signed by Magistrate Judge Jonathan Goodman on 9/9/2021. See attached document for full details. (krk)
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Filing 63
PAPERLESS Minute Entry for proceedings held before Magistrate Judge Jonathan Goodman: Zoom Discovery Hearing held on 9/9/2021. Post-Hearing Administrative Order to follow. Total time in court: 1 hour(s) : 10 minutes. Attorney Appearance(s): Charles C. Eblen, Eric J. Hobbs, Joshua R. Brown, Gregory W. Herbert, (Digital JG_01_09-09-2021/ Zoom) (fbn)
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Filing 62
PAPERLESS ORDER re #50 Order, #53 Notice (Other) filed by Vivint Smart Home, Inc., #58 Memorandum filed by Legacy Vivint Smart Home, Inc., Vivint Smart Home, Inc., #56 Memorandum filed by ADT LLC, The ADT Security Corporation, 57 Sealed Document filed by Legacy Vivint Smart Home, Inc., Vivint Smart Home, Inc. This Order is the ruling on Defendant's claim that the redacted portions of its Feedback Spreadsheet are protected by both the attorney-client privilege and work product doctrine. The Undersigned has reviewed the unredacted version of the Spreadsheet (which Defendant Vivint Smart Homes, Inc. filed under seal) and the memoranda submitted by both sides. The Undersigned concludes that Vivint has not met its burden to establish the applicability of the attorney-client privilege and the work product doctrine. Therefore, Vivint shall produce to Plaintiff by September 9, 2021 an unredacted version of the Spreadsheet.In an attempt to meet its burden to establish the privilege and the doctrine, Vivint submitted the declaration of Caleb Banks, who describes himself as a "legal assistant" for Vivint. He did not describe himself as a paralegal or certified legal assistant. Thus, it appears as though Mr. Banks is not an attorney, not a paralegal, and not a certified legal assistant. His declaration does not explain his legal training or the scope of his duties as a legal assistant.Although there does not appear to be any requirement that a party seeking to invoke the privilege or the doctrine submit a declaration from an attorney, an attorney's declaration or one providing more detail from a paralegal would have provided more confidence in the statements and conclusions presented in the sole declaration Vivint submitted here. This lack of confidence becomes important here because some of the things in the Banks Declaration do not appear in the unredacted Spreadsheet submitted under seal.In his declaration, Mr. Banks says that in-house Vivint attorneys input legal impressions and directions, including "complaint codes," but the Spreadsheet does not contain any actual codes. His declaration mentions legal codes in Columns AI, AR, and AV. But the Spreadsheet submitted under seal has no columns with those designations.In addition, the Declaration mentions columns with the following titles: "Action Taken," "Feedback Category," "Investigation Conclusion," "Investigation Notes," "Investigation Result," and "Investigation Summary." But those columns in the Spreadsheet are all blank. Moving on from these observations, my assessment is that the Spreadsheet, to the extent that in-house attorneys were involved in inputting comments, constitutes business advice, not legal advice. In addition, Vivint has not convinced me that the in-house lawyers' roles as attorneys were primary to their participation in the Spreadsheet at issue. To the contrary, the notes, codes and entries supposedly made by in-house Vivint attorneys are more akin to summaries of customer service and human resource department developments. Thus, for all these reasons, the comments and notes do not constitute attorney-client privileged information. Or, phrased more precisely, Vivint has not met its burden to demonstrate that the redacted entries are protected by the attorney-client privilege. The Undersigned finds compelling the case law authority which Plaintiff ADT cited on pages 2-5 of its Memorandum [ECF No. 56]. Vivint has also failed to establish that the work product doctrine provides protection to the redacted portions of the Spreadsheet. The Spreadsheet was prepared for a business purpose, not in anticipation of litigation. The mere fact that the redacted portions of the Spreadsheet might later be useful in the event of litigation is insufficient to trigger protection. The Banks Declaration does not contain any specific facts to support the view that the redacted portions were prepared because of an anticipation of litigation. Instead, his explanation demonstrates that the entries are part of a compilation of customer complaints collected in the ordinary course of business. He said (numbered paragraph 11) the codes are used to "classify and determine the subject matter of the underlying [customer] complaint, in anticipation of an investigation,, and potentially, litigation." (emphasis added). Moreover, the Declaration also represents that all the content for the 16 entries was input into the Spreadsheet before the lawsuit was filed in August 2020.Therefore, the Banks Declaration reveals that the primary purpose of the redacted entries is to aid internal business decisions and an in-house investigation, rather than in anticipation of litigation. Under these circumstances, the work product doctrine does not provide protection. Holbourn v. NCL (Bahamas) Ltd., 305 F.R.D. 685, 687 (S.D. Fla. 2014) (documents created in the ordinary course of business are not protected). See also Havana Docks Corp. v. Carnival Corp., No. 19-CV-21724, 2021 WL 2940244, at *2 (S.D. Fla. July 13, 2021). Signed by Magistrate Judge Jonathan Goodman on 9/8/2021. (JG)
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Filing 61
PAPERLESS ORDER setting a Zoom Discovery Hearing set for 9/9/2021 at 1:30 PM in the Miami Division before Magistrate Judge Jonathan Goodman. All parties will need to download the Zoom App for cell phone, tablet (iPad), and for those using a desktop or a laptop equipped with a webcam to click on the meeting link and install the plug-in when prompted. Then enter the Meeting ID and Password. Each participant needs to log in 10 minutes early, to make sure there are no glitches. The hearing will be conducted via ZOOM, as follows: Join ZoomGov Meeting https://www.zoomgov.com/j/1615871098?pwd=TDU0WU4zQ3hDRTVHanc0QjFNeGpqUT09. Meeting ID: 161 587 1098. Passcode: 147155.This Zoom hearing is the digital equivalent of an actual, in-court hearing, so counsel are expected to dress as though they are in an actual federal courtroom.Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the court. Signed by Magistrate Judge Jonathan Goodman on 9/7/2021. (fbn)
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Filing 60
NOTICE of Hearing by ATTORNEY: Discovery Hearing set for 9/9/2021 01:30 PM in Miami Division before Magistrate Judge Jonathan Goodman. (Brown, Joshua)
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Filing 59
Clerks Notice to Filer re 57 Sealed Document. Document Not Captioned. It is not necessary to refile this document but future filings must have the proper caption pursuant to Local Rules. (mc)
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Filing 58
MEMORANDUM of Law re #50 Order by Legacy Vivint Smart Home, Inc., Vivint Smart Home, Inc.. (Herbert, Gregory)
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Filing 56
MEMORANDUM in Support re #50 Order re ADT's Motion to Compel by ADT LLC, The ADT Security Corporation. (Boos, Eric)
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Filing 55
ENDORSED ORDER granting #54 Motion to File Document Under Seal. Defendants shall separately file the spreadsheet in question under seal. Signed by Judge Marcia G. Cooke on 8/30/2021. (btn)
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SYSTEM ENTRY - Docket Entry 57 [misc] restricted/sealed until further notice. (904601)
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Filing 54
MOTION to Seal per Local Rule 5.4 by Legacy Vivint Smart Home, Inc., Vivint Smart Home, Inc.. (Herbert, Gregory)
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Filing 53
NOTICE by Vivint Smart Home, Inc. re #50 Order (Attachments: #1 Affidavit of Caleb Banks) (Herbert, Gregory)
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Filing 52
TRANSCRIPT of Discovery Hearing Conducted via Zoom (Transcribed from the Audio Recording) held on July 29, 2021, before Magistrate Judge Jonathan Goodman, 1-54 pages, Court Reporter: Lisa Edwards, 305-439-7168 / reporterlisaedwards@gmail.com. Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 8/27/2021. Redacted Transcript Deadline set for 9/7/2021. Release of Transcript Restriction set for 11/4/2021. (le)
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Filing 51
TRANSCRIPT of Discovery Hearing Conducted via Zoom (Transcribed from the Audio Recording) held on July 28, 2021, before Magistrate Judge Jonathan Goodman, 1-57 pages, Court Reporter: Lisa Edwards, 305-439-7168 / reporterlisaedwards@gmail.com. Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 8/27/2021. Redacted Transcript Deadline set for 9/7/2021. Release of Transcript Restriction set for 11/4/2021. (le)
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Filing 50
POST-DISCOVERY HEARING ADMINISTRATIVE ORDER. Signed by Magistrate Judge Jonathan Goodman on 7/29/2021. See attached document for full details. (krk)
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Filing 49
PAPERLESS Minute Entry for proceedings held before Magistrate Judge Jonathan Goodman: Zoom Discovery Hearing held on 7/29/2021. Post-Hearing Administrative Order to follow. Total time in court: 1 hour(s) : 15 minutes. Attorney Appearance(s): Charles C. Eblen, Gregory W. Herbert, (Digital JG_02_07-29-2021/ Zoom) (fbn)
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Filing 48
Post-Discovery Hearing Administrative Order. Signed by Magistrate Judge Jonathan Goodman on 7/28/2021. See attached document for full details. (krk)
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Filing 47
PAPERLESS ORDER setting a Discovery Hearing set for 7/29/2021 at 10:30 AM in the Miami Division before Magistrate Judge Jonathan Goodman. All parties will need to download the Zoom App for cell phone, tablet (iPad), and for those using a desktop or a laptop equipped with a webcam to click on the meeting link and install the plug-in when prompted. Then enter the Meeting ID and Password. Each participant needs to log in 10 minutes early, to make sure there are no glitches. The hearing will be conducted via ZOOM, as follows: Join ZoomGov Meeting https://www.zoomgov.com/j/1616269972?pwd=UDRiUmNnMTM5TVVtYVIvTkc0RzVZdz09. Meeting ID: 161 626 9972. Passcode: 398709.This Zoom hearing is the digital equivalent of an actual, in-court hearing, so counsel are expected to dress as though they are in an actual federal courtroom.Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the court. Signed by Magistrate Judge Jonathan Goodman on 7/28/2021. (fbn) Modified text on 7/28/2021 (fbn).
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Filing 46
PAPERLESS Minute Entry for proceedings held before Magistrate Judge Jonathan Goodman: Zoom Discovery Hearing held on 7/28/2021. Post-Hearing Administrative Order to follow. Total time in court: 1 hour(s) : 30 minutes. Attorney Appearance(s): Eric J. Hobbs, Joshua R. Brown, (Digital JG_01_07-28-2021/ Zoom) (fbn)
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Filing 45
PAPERLESS ORDER setting a Discovery Hearing set for 7/28/2021 at 10:30 AM in the Miami Division before Magistrate Judge Jonathan Goodman. All parties will need to download the Zoom App for cell phone, tablet (iPad), and for those using a desktop or a laptop equipped with a webcam to click on the meeting link and install the plug-in when prompted. Then enter the Meeting ID and Password. Each participant needs to log in 10 minutes early, to make sure there are no glitches. The hearing will be conducted via ZOOM, as follows: Join ZoomGov Meeting https://www.zoomgov.com/j/1604780461?pwd=NVEwZXFDb05CUHdlZkpGT2ZzUEtuZz09. Meeting ID: 160 478 0461. Passcode: 054952. This Zoom hearing is the digital equivalent of an actual, in-court hearing, so counsel are expected to dress as though they are in an actual federal courtroom.Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the court. Signed by Magistrate Judge Jonathan Goodman on 7/27/2021. (fbn)
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Filing 44
NOTICE of Hearing by ATTORNEY: Discovery Hearing set for 7/28/2021 10:30 AM in Miami Division before Magistrate Judge Jonathan Goodman. (Brown, Joshua)
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Filing 43
NOTICE of Hearing by ATTORNEY: Discovery Hearing set for 7/29/2021 10:30 AM in Miami Division before Magistrate Judge Jonathan Goodman. (Boos, Eric)
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Filing 42
ENDORSED ORDER denying as moot #16 Motion to Dismiss for Failure to State a Claim. This Motion was rendered moot by the filing of the First Amended Complaint. Signed by Judge Marcia G. Cooke on 6/24/2021. (btn)
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Filing 41
Joint MOTION for Extension of Time of Discovery Cutoff Deadline , Joint MOTION for Extension of Time to Mediate , Joint MOTION to Continue Trial ( Responses due by 6/30/2021) by Legacy Vivint Smart Home, Inc., Vivint Smart Home, Inc.. (Attachments: #1 Text of Proposed Order)(Brown, Joshua)
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Filing 40
TRANSCRIPT of discovery hearing held on 4-14-2021 before Magistrate Judge Jonathan Goodman, 1-106 pages, Court Reporter: Dawn Savino, 305-523-5598 / Dawn_Savino@flsd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 5/20/2021. Redacted Transcript Deadline set for 6/1/2021. Release of Transcript Restriction set for 7/28/2021. (Savino, Dawn)
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Filing 39
ORDER of Referral to Mediation. SEE DE #38 ORDER Signed by Judge Marcia G. Cooke on 4/19/2021. See attached document for full details. (ail)
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Filing 38
ORDER SETTING CIVIL TRIAL DATE AND PRETRIAL DEADLINES: Trial set for 12/20/2021 at 9:30 AM in Miami Division before Judge Marcia G. Cooke., Calendar Call set for 12/15/2021 at 3:00 PM in Miami Division before Judge Marcia G. Cooke., Amended Pleadings due by 5/19/2021., Expert Discovery due by 9/20/2021., Fact Discovery due by 9/20/2021., Joinder of Parties due by 5/19/2021., Mediation Deadline 11/19/2021., In Limine Motions due by 12/6/2021., Dispositive Motions due by 10/4/2021., Pretrial Stipulation due by 12/6/2021. Signed by Judge Marcia G. Cooke on 4/19/2021. See attached document for full details. (ail) #Pattern Jury Instruction Builder - To access the latest, up to date changes to the 11th Circuit Pattern Jury Instructions go to https://pji.ca11.uscourts.gov or click here.
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Filing 37
POST-DISCOVERY HEARING ADMINISTRATIVE ORDER. Signed by Magistrate Judge Jonathan Goodman on 4/16/2021. See attached document for full details. (krk)
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Filing 36
NOTICE of Attorney Appearance by Joshua R. Brown on behalf of Legacy Vivint Smart Home, Inc., Vivint Smart Home, Inc.. Attorney Joshua R. Brown added to party Legacy Vivint Smart Home, Inc.(pty:dft), Attorney Joshua R. Brown added to party Vivint Smart Home, Inc.(pty:dft). (Brown, Joshua)
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Filing 35
PAPERLESS Minute Entry for proceedings held before Magistrate Judge Jonathan Goodman: Zoom Discovery Hearing held on 4/14/2021. Post-Hearing Administrative Order to follow. Total time in court: 3 hour(s) : 30 minutes. Attorney Appearance(s): Eric J. Hobbs, Eric Stephen Boos, Matthew A. Steward, Gregory W. Herbert, (Digital JG_01_04-14-2021/ Zoom) (fbn)
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Filing 34
**HEARING CHANGE FROM A TELEPHONIC PROCEEDING TO A ZOOM PROCEEDING** PAPERLESS ORDER regarding Zoom Discovery Hearing set for 4/14/2021 at 2:30PM in the Miami Division before Magistrate Judge Jonathan Goodman. All parties will need to download the Zoom App for cell phone, tablet (iPad), and for those using a desktop or a laptop equipped with a webcam to click on the meeting link and install the plug-in when prompted. Then enter the Meeting ID and Password. Each participant needs to log in 10 minutes early, to make sure there are no glitches. The hearing will be conducted via ZOOM, as follows: Join ZoomGov Meeting https://www.zoomgov.com/j/1602829302?pwd=V1NJWWoycHE5TVdmQStWbGtkMnpJQT09. Meeting ID: 160 282 9302. Passcode: 729474.This Zoom hearing is the digital equivalent of an actual, in-court hearing, so counsel are expected to dress as though they are in an actual federal courtroom.Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the court. Signed by Magistrate Judge Jonathan Goodman on 4/13/2021. (fbn)
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Filing 33
PAPERLESS ORDER re #32 Telephonic Discovery Hearing set for 4/14/2021 at 02:30 PM. Attendance may be made by following the call-in procedures: (1) dial 1-888-684-8852; (2) enter Access Code Number 8004594, followed by the # sign; and (3) enter Security Code Number 1213, followed by the # sign. If feasible, counsel who will be arguing the motion or speaking at the hearing must dial in from a landline; cellphone attendees other than the primary participating attorneys (such as co-counsel, members of the public, etc.), after noting their appearances, must remain on mute. The Undersigned prefers that the primary advocate attorneys use a landline, but the Court understands that attorneys may now be working remotely and lack landline access, so those attorneys may use cell phones without placing them on mute.Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the court. Signed by Magistrate Judge Jonathan Goodman on 4/2/2021. (jzn)
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Filing 32
NOTICE of Hearing by ATTORNEY: Discovery Hearing set for 4/14/2021 02:30 PM in Miami Division before Magistrate Judge Jonathan Goodman. (Boos, Eric)
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Filing 31
STIPULATED PROTECTIVE ORDER. Signed by Magistrate Judge Jonathan Goodman on 2/3/2021. See attached document for full details. (jzn)
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Filing 30
Joint MOTION for Protective Order by ADT LLC, The ADT Security Corporation. (Attachments: #1 Exhibit Acknowledgement of and agreement to be bound by Stipulated Protective Order)(Boos, Eric)
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Filing 29
REPLY to Response to Motion re #24 MOTION TO DISMISS #22 Amended Complaint/Amended Notice of Removal, FOR FAILURE TO STATE A CLAIM filed by Legacy Vivint Smart Home, Inc., Vivint Smart Home, Inc.. (Herbert, Gregory)
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Filing 28
RESPONSE in Opposition re #24 MOTION TO DISMISS #22 Amended Complaint/Amended Notice of Removal, FOR FAILURE TO STATE A CLAIM filed by ADT LLC, The ADT Security Corporation. Replies due by 11/17/2020. (Boos, Eric)
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Filing 27
PAPERLESS ORDER granting #25 , #26 Motions to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorneys Matthew A. Steward and Shannon K. Zollinger. Signed by Magistrate Judge Jonathan Goodman on 10/30/2020. (jzn)
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Filing 26
Unopposed MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Shannon K. Zollinger. Filing Fee $ 200.00 Receipt # AFLSDC-13790019 by Legacy Vivint Smart Home, Inc., Vivint Smart Home, Inc.. Responses due by 11/13/2020 (Herbert, Gregory)
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Filing 25
Unopposed MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Matthew A. Steward. Filing Fee $ 200.00 Receipt # AFLSDC-13789985 by Legacy Vivint Smart Home, Inc., Vivint Smart Home, Inc.. Responses due by 11/13/2020 (Herbert, Gregory)
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Filing 24
MOTION TO DISMISS #22 Amended Complaint/Amended Notice of Removal, FOR FAILURE TO STATE A CLAIM by Legacy Vivint Smart Home, Inc., Vivint Smart Home, Inc.. Responses due by 11/10/2020 (Herbert, Gregory)
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Filing 23
Joint SCHEDULING REPORT - Rule 26(f) by ADT LLC, The ADT Security Corporation (Attachments: #1 Exhibit A - Proposed Scheduling Order, #2 Exhibit B - Completed Election to Jurisdiction by a United States Magistrate Judge)(Boos, Eric)
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Filing 22
First AMENDED COMPLAINT against Legacy Vivint Smart Home, Inc., Vivint Smart Home, Inc., filed by ADT LLC, The ADT Security Corporation. (Attachments: #1 Exhibit 1 - List of Customers Subjected to Vivint's Deceptive Sales Practices)(Boos, Eric)
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Filing 21
ENDORSED ORDER granting #19 Motion for Extension of Time to file joint scheduling report. The Parties must file a joint scheduling report on or before October 20, 2020. Signed by Judge Marcia G. Cooke on 10/13/2020. (btn)
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Filing 20
Certificate of Other Affiliates/Corporate Disclosure Statement by Legacy Vivant Smart Home, Inc., Vivant Smart Home, Inc. (Herbert, Gregory)
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Filing 19
Unopposed MOTION for Extension of Time to file Joint Scheduling Report and Proposed Scheduling Order re #8 Order Referring Case to Magistrate Judge, Set/Reset Deadlines, Notice of Court Practice/to Appear/Other by Legacy Vivant Smart Home, Inc., Vivant Smart Home, Inc.. Responses due by 10/26/2020 (Herbert, Gregory)
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Filing 18
NOTICE of Attorney Appearance by Gregory W. Herbert on behalf of Legacy Vivant Smart Home, Inc., Vivant Smart Home, Inc.. Attorney Gregory W. Herbert added to party Legacy Vivant Smart Home, Inc.(pty:dft), Attorney Gregory W. Herbert added to party Vivant Smart Home, Inc.(pty:dft). (Herbert, Gregory)
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Filing 17
NOTICE of Attorney Appearance by Jared Reed Kessler on behalf of Legacy Vivant Smart Home, Inc., Vivant Smart Home, Inc.. Attorney Jared Reed Kessler added to party Legacy Vivant Smart Home, Inc.(pty:dft), Attorney Jared Reed Kessler added to party Vivant Smart Home, Inc.(pty:dft). (Kessler, Jared)
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Filing 16
MOTION TO DISMISS #1 Complaint, FOR FAILURE TO STATE A CLAIM by Legacy Vivant Smart Home, Inc., Vivant Smart Home, Inc.. Attorney Michael Neil Kreitzer added to party Legacy Vivant Smart Home, Inc.(pty:dft), Attorney Michael Neil Kreitzer added to party Vivant Smart Home, Inc.(pty:dft). Responses due by 10/13/2020 (Kreitzer, Michael)
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Filing 15
NOTICE of Attorney Appearance by Jacob Stephen Taylor on behalf of Legacy Vivant Smart Home, Inc., Vivant Smart Home, Inc.. Attorney Jacob Stephen Taylor added to party Legacy Vivant Smart Home, Inc.(pty:dft), Attorney Jacob Stephen Taylor added to party Vivant Smart Home, Inc.(pty:dft). (Taylor, Jacob)
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Filing 14
Summons Issued as to Legacy Vivant Smart Home, Inc.. (ail)
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Filing 13
NOTICE of Filing Proposed Summons(es) to Legacy Vivint Smart Home, Inc. by ADT LLC, The ADT Security Corporation re #1 Complaint, filed by ADT LLC, The ADT Security Corporation (Boos, Eric)
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Filing 12
PAPERLESS ORDER granting #10 and #11 Motions to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorneys Eric J. Hobbs, Esq. and Charles C. Eblen, Esq. Signed by Magistrate Judge Jonathan Goodman on 8/26/2020. (jzn)
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Filing 11
MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Charles C. Eblen. Filing Fee $ 200.00 Receipt # AFLSDC-13413828 by ADT LLC, The ADT Security Corporation. Responses due by 9/9/2020 (Attachments: #1 Certification of Charles C. Eblen, Esq., #2 Text of Proposed Order Proposed Order)(McLoone, Jennifer)
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Filing 10
MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Eric J. Hobbs. Filing Fee $ 200.00 Receipt # AFLSDC-13413726 by ADT LLC, The ADT Security Corporation. Responses due by 9/9/2020 (Attachments: #1 Certification of Eric J. Hobbs, Esq., #2 Text of Proposed Order Proposed Order)(McLoone, Jennifer)
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Filing 9
ENDORSED ORDER Regarding Phone Calls to Chambers. The following rules apply in this and all other civil matters pending before Judge Marcia G. Cooke: 1. Do not call Chambers to ask about the status of pending motions, including motions for extension of time. The Court is aware of all pending motions and will address each of them in due course. 2. Do not call Chambers if the information you seek, or seek to provide, can be conveyed through a filing on the docket. 3. Do not call Chambers if the information you seek is available from other sources, including Court Orders and the Local Rules. 4. If you call Chambers for a permissible purpose, counsel for all affected parties must be on the line. Calls from non-attorneys and ex parte calls will not be accepted. Signed by Judge Marcia G. Cooke on 8/17/2020. (kou)
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Filing 8
ORDER OF REFERRAL AND ORDER REGARDING COURT PRACTICES AND PROCEDURES. Signed by Judge Marcia G. Cooke on 8/17/2020. See attached document for full details. (kou)
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Filing 7
Summons Issued as to Legacy Vivant Smart Home, Inc., Vivant Smart Home, Inc.. (ail)
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Filing 6
Bar Letter re: Admissions sent to attorney Charles C. Eblen, Eric J. Hobbs, mailing date 08/17/2020. (cco)
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Filing 5
NOTICE of Filing Proposed Summons(es) by ADT LLC, The ADT Security Corporation re #1 Complaint, filed by ADT LLC, The ADT Security Corporation (Attachments: #1 Summon(s) Vivint Smart Home, Inc., #2 Summon(s) Legacy Vivint Smart Home, Inc.) (Boos, Eric)
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Filing 4
Corporate Disclosure Statement by ADT LLC, The ADT Security Corporation identifying Corporate Parent Apollo Global Management, LLC, Corporate Parent ADT, INC. for ADT LLC, The ADT Security Corporation (Boos, Eric)
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Filing 3
FORM AO 120 SENT TO DIRECTOR OF U.S. PATENT AND TRADEMARK (amb)
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Filing 2
Clerks Notice of Judge Assignment to Judge Marcia G. Cooke. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Jonathan Goodman is available to handle any or all proceedings in this case. If agreed, parties should complete and file the Consent form found on our website. It is not necessary to file a document indicating lack of consent. Pro se (NON-PRISONER) litigants may receive Notices of Electronic Filings (NEFS) via email after filing a Consent by Pro Se Litigant (NON-PRISONER) to Receive Notices of Electronic Filing. The consent form is available under the forms section of our website. (amb)
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Filing 1
COMPLAINT against Legacy Vivant Smart Home, Inc., Vivant Smart Home, Inc.. Filing fees $ 400.00 receipt number AFLSDC-13353853, filed by ADT LLC, The ADT Security Corporation. (Attachments: #1 Exhibit 1 - Spreadsheet of Deceptive Sales Reports about Vivint from ADT Customers, #2 Civil Cover Sheet)(Boos, Eric)
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