AT&T Intellectual Property II, L.P. et al v. aioTV, Inc.
Plaintiff: AT&T Intellectual Property II, L.P. and Aio Wireless LLC
Defendant: aioTV, Inc
Case Number: 1:2013cv01901
Filed: June 6, 2013
Court: US District Court for the Northern District of Georgia
County: Fulton
Presiding Judge: Richard W Story
Nature of Suit: Trademark
Cause of Action: 28 U.S.C. § 1338
Jury Demanded By: None
Docket Report

This docket was last retrieved on August 14, 2014. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 14, 2014 Filing 41 CLERK'S JUDGMENT entered dismissing action. (cem)--Please refer to http://www.ca11.uscourts.gov to obtain an appeals jurisdiction checklist--
August 13, 2014 Opinion or Order Filing 40 ORDER: The Court DENIES Plaintiff's #6 Motion to enjoin Defendant aioTV from prosecuting second-filed action in District of Colorado; GRANTS IN PART AND DENIES AS MOOT IN PART Defendant's #8 motion to dismiss or in the alternative transfer venue; and GRANTS Defendant's #30 Motion for leave to file supplemental declaration of Michael Earle. The Clerk of Court is DIRECTED to CLOSE this case. Signed by Judge Richard W. Story on 8/13/2014. (cem)
August 13, 2014 Civil Case Terminated. (cem)
July 15, 2014 Opinion or Order Filing 39 ORDER OF RECUSAL. Judge Thomas W. Thrash, Jr recused. Case reassigned to Judge Richard W. Story for all further proceedings NOTICE TO ALL COUNSEL OF RECORD: The Judge designation in the civil action number assigned to this case has been changed to 1:13-cv-1901-RWS. Please make note of this change in order to facilitate the docketing of pleadings in this case. Signed by Judge Thomas W. Thrash, Jr on 7/15/14. (dr)
July 15, 2014 Submission of #6 MOTION To Enjoin Defendant AIOTV, Inc. From Prosecuting Second-Filed Action in the District of Colorado , #8 MOTION to Dismiss , MOTION to Transfer Case, #30 MOTION for Leave to File Supplemental Declaration of Michael Earle In Support of Motion to Dismiss, submitted to District Judge Richard W. Story. (dr)
July 14, 2014 Opinion or Order Filing 38 ORDER REASSIGNING CASE. Case reassigned to Judge Thomas W. Thrash, Jr for all further proceedings. Judge J. Owen Forrester no longer assigned to case. NOTICE TO ALL COUNSEL OF RECORD: The Judge designation in the civil action number assigned to this case has been changed to 1:13-cv-1901-TWT. Please make note of this change in order to facilitate the docketing of pleadings in this case. Signed by Judge Julie E. Carnes on 7/11/2014. (jtj)
July 14, 2014 Submission of #6 MOTION To Enjoin Defendant AIOTV, Inc. From Prosecuting Second-Filed Action in the District of Colorado, #8 MOTION to Dismiss and MOTION to Transfer Case, #30 MOTION for Leave to File Supplemental Declaration of Michael Earle In Support of Motion to Dismiss, submitted to District Judge Thomas W. Thrash. (jtj)
October 4, 2013 Submission of #8 MOTION to Dismiss, MOTION to Transfer Case, submitted to District Judge J. Owen Forrester. (jtj)
October 3, 2013 Filing 37 REPLY BRIEF re #8 MOTION to Dismiss MOTION to Transfer Case filed by aioTV, Inc. (Attachments: #1 Exhibit)(Whitehart, Kelly)
October 3, 2013 Filing 36 NOTICE of Manual Filing by aioTV, Inc. (Whitehart, Kelly)
October 3, 2013 Filing 35 Unopposed MOTION to File Confidential Information Under Seal by aioTV, Inc. (jtj)
October 1, 2013 Attorney Chad Hummel has complied with attorney admission requirements. (jkm)
September 30, 2013 Filing 34 Initial Disclosures by AT&T Intellectual Property II, L.P., Aio Wireless LLC.(Brewster, William)
September 30, 2013 Filing 33 First Initial Disclosures by aioTV, Inc.(Whitehart, Kelly)
September 25, 2013 Submission of #30 MOTION for Leave to File Supplemental Declaration of Michael Earle In Support of Motion to Dismiss, submitted to District Judge J. Owen Forrester. (jtj)
September 16, 2013 Filing 32 NOTICE of Manual Filing by AT&T Intellectual Property II, L.P., Aio Wireless LLC. (Brewster, William)
September 16, 2013 Filing 31 RESPONSE in Opposition re #8 MOTION to Dismiss MOTION to Transfer Case filed by AT&T Intellectual Property II, L.P., Aio Wireless LLC. (Attachments: #1 Declartion of Chad C. Hummel, #2 Exhibit A part 1 to Hummel Declaration, #3 Exhibit A part 2 to Hummel Declaration, #4 Exhibit A part 3 to Hummel Declaration, #5 Exhibit B to Hummel Declaration, #6 Exhibit C to Hummel Declaration, #7 Exhibit D to Hummel Declaration, #8 Exhibit E to Hummel Declaration, #9 Exhibit F to Hummel Declaration, #10 Exhibit G to Hummel Declaration, #11 Exhibit H to Hummel Declaration, #12 Exhibit I to Hummel Declaration, #13 Exhibit J to Hummel Declaration, #14 Exhibit K to Hummel Declaration, #15 Exhibit L to Hummel Declaration, #16 Exhibit M to Hummel Declaration, #17 Exhibit N to Hummel Declaration, #18 Exhibit O to Hummel Declaration, #19 Exhibit P to Hummel Declaration, #20 Exhibit Q to Hummel Declaration, #21 Exhibit R to Hummel Declaration, #22 Exhibit S to Hummel Declaration)(Brewster, William)
September 6, 2013 Filing 30 MOTION for Leave to File Supplemental Declaration of Michael Earle In Support of Motion to Dismiss by aioTV, Inc. (Attachments: #1 Supplemental Declaration)(Whitehart, Kelly) Modified on 9/9/2013 to edit filer. (jtj)
August 14, 2013 Opinion or Order Filing 29 SCHEDULING ORDER APPROVING #26 Joint Preliminary Report and Discovery Plan. The Court orders that the time limits for adding parties, amending the pleadings, filing motions, completing discovery, and discussing settlement are as set out in the Federal Rules of Civil Procedure and the Local Rules of this Court. Signed by Judge J. Owen Forrester on 8/13/2013. (jtj)
August 7, 2013 Filing 28 CERTIFICATE OF SERVICE of Discovery by aioTV, Inc.(Whitehart, Kelly)
August 5, 2013 Opinion or Order MINUTE ORDER by Judge J. Owen Forrester granting #27 Consent MOTION for Protective Order by aioTV, Inc. (pkl)
August 2, 2013 Filing 27 PROPOSED Consent Protective Order by aioTV, Inc. (Whitehart, Kelly) Modified on 8/5/2013 to reflect e-filed document. (jtj)
August 2, 2013 Filing 26 Joint PRELIMINARY REPORT AND DISCOVERY PLAN filed by aioTV, Inc. (Whitehart, Kelly)
July 31, 2013 APPROVAL by Clerks Office re: #23 APPLICATION for Admission of Darren Wayne Saunders Pro Hac Vice (Application fee $ 150, receipt number 113E-4703387). Attorney Darren W. Saunders added appearing on behalf of AT&T Intellectual Property II, L.P., Aio Wireless LLC (pb)
July 31, 2013 APPROVAL by Clerks Office re: #22 APPLICATION for Admission of CHAD SAMUEL HUMMEL Pro Hac Vice (Application fee $ 150, receipt number 113E-4703355). Attorney Chad Samuel Hummel added appearing on behalf of AT&T Intellectual Property II, L.P., Aio Wireless LLC (pb)
July 31, 2013 APPROVAL by Clerks Office re: #24 APPLICATION for Admission of Linda A. Goldstein Pro Hac Vice (Application fee $ 150, receipt number 113E-4703404). Attorney Linda A. Goldstein added appearing on behalf of AT&T Intellectual Property II, L.P., Aio Wireless LLC (pb)
July 31, 2013 MINUTE ORDER by CRD granting #22 Application for Admission Pro Hac Vice for Admission of CHAD SAMUEL HUMMEL. Notice sent via U.S. Mail to Chad Samuel Hummel. (pkl)
July 31, 2013 Clerks Notation re #2 Certificate of Interested Persons, and #20 Certificate of Interested Persons, reviewed and noted by Judge J. Owen Forrester. (pkl)
July 31, 2013 MINUTE ORDER by CRD granting #24 Application for Admission Pro Hac Vice of Linda A. Goldstein. Notice mailed by U.S. Mail to: Linda A. Goldstein Manatt, Phelps & Phillips, LLP 7 Times Square New York, NY 10036. (pkl)
July 31, 2013 MINUTE ORDER by CRD granting #23 Application for Admission Pro Hac Vice of Darren Wayne Saunders. Notice emailed to Mr. Saunders at dsaunders@kl.com.(pkl)
July 30, 2013 Submission of #6 MOTION To Enjoin Defendant AIOTV, Inc. From Prosecuting Second-Filed Action in the District of Colorado, submitted to District Judge J. Owen Forrester. (jtj)
July 29, 2013 Filing 25 REPLY BRIEF re #6 MOTION To Enjoin Defendant AIOTV, Inc. From Prosecuting Second-Filed Action in the District of Colorado filed by AT&T Intellectual Property II, L.P., Aio Wireless LLC. (Attachments: #1 Exhibit A - District of Colorado 7/18/13 Order)(Brewster, William)
July 26, 2013 Filing 24 APPLICATION for Admission of Linda A. Goldstein Pro Hac Vice (Application fee $ 150, receipt number 113E-4703404)by AT&T Intellectual Property II, L.P., Aio Wireless LLC. (Brewster, William)
July 26, 2013 Filing 23 APPLICATION for Admission of Darren Wayne Saunders Pro Hac Vice (Application fee $ 150, receipt number 113E-4703387)by AT&T Intellectual Property II, L.P., Aio Wireless LLC. (Brewster, William)
July 26, 2013 Filing 22 APPLICATION for Admission of CHAD SAMUEL HUMMEL Pro Hac Vice (Application fee $ 150, receipt number 113E-4703355)by AT&T Intellectual Property II, L.P., Aio Wireless LLC. (Brewster, William)
July 16, 2013 Opinion or Order Filing 21 ORDER GRANTING #19 Plaintiffs' Motion for Leave To Conduct Limited Jurisdictional Discovery. Defendant shall respond to Plaintiffs' Interrogatories and Document Requests within 21 days from the date of this Order. Defendant shall produce Michael Earle for a deposition between 30 and 45 days from the date of this Order. Plaintiffs shall file and serve their Opposition to Defendant's Motion to Dismiss or, Alternatively, Motion to Transfer Venue within 60 days from the date of this Order. Signed by Judge J. Owen Forrester on 7/16/2013. (jtj)
July 15, 2013 Filing 20 Certificate of Interested Persons and Corporate Disclosure Statement by aioTV, Inc identifying Corporate Parent AT&T INTELLECTUAL PROPERTY, II L.P. and AIO WIRELESS, LLC for aioTV, Inc. (Whitehart, Kelly)
July 15, 2013 MINUTE ORDER by CRD granting #14 Application for Admission Pro Hac Vice; granting #15 Application for Admission Pro Hac Vice; granting #16 Application for Admission Pro Hac Vice. Notice of Approval granting admission mailed by U.S. Mail to all applicants on July 15, 2013. (pkl)
July 12, 2013 Filing 19 Plaintiffs' MOTION for Leave to Conduct Limited Jurisdictional Discovery Prior to Responding to Motion to Dismiss with Brief In Support by AT&T Intellectual Property II, L.P., Aio Wireless LLC. (Attachments: #1 Brief, #2 Exhibit A to Brief, #3 Exhibit B to Brief, #4 Declaration of Darren Saunders, #5 Text of Proposed Order)(Brewster, William)
July 12, 2013 Filing 18 RESPONSE in Opposition re #6 MOTION To Enjoin Defendant AIOTV, Inc. From Prosecuting Second-Filed Action in the District of Colorado filed by aioTV, Inc. (Attachments: #1 Declaration of Micheal Earle, #2 Declaration of Brad H. Hamilton, #3 Email from AIO's Counsel to Plaintiffs' Counsel, #4 July 8, Letter from AIO's Counsel to Plaintiffs' Counsel, #5 Order Entered May 8, 1998)(Whitehart, Kelly)
July 12, 2013 APPROVAL by Clerks Office re: #14 APPLICATION for Admission of Aaron D. Goldhamer Pro Hac Vice. Attorney Aaron D. Goldhamer added appearing on behalf of aioTV, Inc (pb)
July 12, 2013 APPROVAL by Clerks Office re: #15 APPLICATION for Admission of Edward T. Lyons, Jr. Pro Hac Vice. Attorney Edward T. Lyons, Jr added appearing on behalf of aioTV, Inc (pb)
July 12, 2013 APPROVAL by Clerks Office re: #16 APPLICATION for Admission of Daniel A. Wartell Pro Hac Vice. Attorney Daniel A. Wartell added appearing on behalf of aioTV, Inc (pb)
July 11, 2013 Filing 17 NOTICE of Joint Motion and Stipulation for Entry of Order Temporarily Staying Case Filed in the District of Colorado by aioTV, Inc. (Attachments: #1 Exhibit Joint Motion and Stipulation and proposed order) (Whitehart, Kelly)
July 9, 2013 Filing 16 APPLICATION for Admission of Daniel A. Wartell Pro Hac Vice by aioTV, Inc. (Whitehart, Kelly)
July 9, 2013 Filing 15 APPLICATION for Admission of Edward T. Lyons, Jr. Pro Hac Vice by aioTV, Inc. (Whitehart, Kelly)
July 9, 2013 Filing 14 APPLICATION for Admission of Aaron D. Goldhamer Pro Hac Vice by aioTV, Inc. (Whitehart, Kelly)
July 9, 2013 Filing 13 NOTICE of Change of Address for Kelly L. Whitehart, counsel for aioTV, Inc (Whitehart, Kelly)
July 8, 2013 MINUTE ORDER by CRD granting #12 Consent Motion for Extension of Time to respond to #6 MOTION To Enjoin Defendant AIOTV, Inc. From Prosecuting Second-Filed Action in the District of Colorado. Response due July 12, 2013. (pkl)
July 8, 2013 RETURN of #10 APPLICATION for Admission of Daniel A. Wartell Pro Hac Vice (Application fee $ 150, receipt number 113E-4665595) to attorney for correction re: local counsel. (pb)
July 8, 2013 RETURN of #9 APPLICATION for Admission of Edward T. Lyons, Jr. Pro Hac Vice (Application fee $ 150, receipt number 113E-4665556) to attorney for correction re: local counsel. (pb)
July 8, 2013 RETURN of #11 APPLICATION for Admission of Aaron D. Goldhamer Pro Hac Vice (Application fee $ 150, receipt number 113E-4665600) to attorney for correction re: local counsel. (pb)
July 5, 2013 Filing 12 Consent MOTION for Extension of Time to Respond to #6 MOTION To Enjoin Defendant AIOTV, Inc. From Prosecuting Second-Filed Action in the District of Colorado by aioTV, Inc. (Attachments: #1 Text of Proposed Order)(Whitehart, Kelly)
July 3, 2013 Filing 11 APPLICATION for Admission of Aaron D. Goldhamer Pro Hac Vice (Application fee $ 150, receipt number 113E-4665600)by aioTV, Inc. (Whitehart, Kelly)
July 3, 2013 Filing 10 APPLICATION for Admission of Daniel A. Wartell Pro Hac Vice (Application fee $ 150, receipt number 113E-4665595)by aioTV, Inc. (Whitehart, Kelly)
July 3, 2013 Filing 9 APPLICATION for Admission of Edward T. Lyons, Jr. Pro Hac Vice (Application fee $ 150, receipt number 113E-4665556)by aioTV, Inc. (Whitehart, Kelly)
July 3, 2013 Filing 8 MOTION to Dismiss or, alternatively, MOTION to Transfer Case with Brief In Support by aioTV, Inc. (Attachments: #1 Brief In Support of Motion to Dismiss, #2 Earle Declaration, #3 Hamilton Declaration, #4 aioTV's Verified Complaint, #5 AT T's Motion to Dismiss, #6 Emails Between Counsel, #7 Unreported Cases)(Whitehart, Kelly). Added MOTION to Transfer Case on 7/5/2013. (jtj)
June 19, 2013 Filing 7 NOTICE of Motion to Stay Filed in the District of Colorado by Aio Wireless LLC. (Attachments: #1 Exhibit A, #2 Exhibit B)(Brewster, William)
June 19, 2013 Filing 6 MOTION To Enjoin Defendant AIOTV, Inc. From Prosecuting Second-Filed Action in the District of Colorado with Brief In Support by AT&T Intellectual Property II, L.P., Aio Wireless LLC. (Attachments: #1 Brief, #2 Declaration of Darren W. Saunders, #3 Exhibit A to the Declaration of Saunders, #4 Exhibit B to the Declaration of Saunders, #5 Exhibit C to the Declaration of Saunders, #6 Exhibit D to the Declaration of Saunders, #7 Exhibit E to the Declaration of Saunders, #8 Declaration of Nataraj Rao)(Brewster, William)
June 19, 2013 Filing 5 NOTICE of Appearance by William Howard Brewster on behalf of AT&T Intellectual Property II, L.P., Aio Wireless LLC (Brewster, William)
June 18, 2013 Filing 4 Return of Service Executed by AT&T Intellectual Property II, L.P., Aio Wireless LLC. aioTV, Inc served on 6/12/2013, answer due 7/3/2013. (Thompson, James)
June 12, 2013 Filing 3 REVISED CASE INSTRUCTIONS. (bdb)
June 10, 2013 Clerks Notation re #2 Certificate of Interested Persons, reviewed and noted by Judge J. Owen Forrester. (pkl)
June 6, 2013 Filing 2 Certificate of Interested Persons and Corporate Disclosure Statement by AT&T Intellectual Property II, L.P. and Aio Wireless LLC identifying Other Affiliates: Bellsouth Mobile Data, Inc., AT&T Mobility LLC, Centennial Communications Corp., AT&T Mobility II LLC, New Cingular Wireless Services, Inc. and AT&T Inc. for Aio Wireless LLC; Other Affiliates: AT&T Mobility II LLC, AT&T Intellectual Property I, L.P., AT&T Intellectual Property Marketing, Inc., AT&T Intellectual Property, Inc., AT&T Properties, LLC, and AT&T Inc. for AT&T Intellectual Property II, L.P.. (eop)
June 6, 2013 Filing 1 COMPLAINT, filed by AT&T Intellectual Property II, L.P. and Aio Wireless LLC; and Summon(s) issued. Consent form to proceed before U.S. Magistrate and pretrial instructions provided. ( Filing fee $ 400.00 receipt number 56349.) (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Summons, #5 Civil Cover Sheet)(eop) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions.

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Search for this case: AT&T Intellectual Property II, L.P. et al v. aioTV, Inc.
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Plaintiff: AT&T Intellectual Property II, L.P.
Represented By: Chad Samuel Hummel
Represented By: Darren W. Saunders
Represented By: James Reynolds Thompson
Represented By: Linda A. Goldstein
Represented By: Kelly L. Whitehart
Represented By: William Howard Brewster
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Plaintiff: Aio Wireless LLC
Represented By: Chad Samuel Hummel
Represented By: Darren W. Saunders
Represented By: James Reynolds Thompson
Represented By: Linda A. Goldstein
Represented By: William Howard Brewster
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Defendant: aioTV, Inc
Represented By: Aaron D. Goldhamer
Represented By: Daniel A. Wartell
Represented By: Edward T. Lyons, Jr.
Represented By: Kelly L. Whitehart
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