International Business Machines Corporation v. Corning Optical Communications Wireless, Inc. et al
| International Business Machines Corporation |
| Corning Optical Communications Wireless, Inc. and Corning Optical Communications, LLC |
| 1:2018cv05027 |
| October 31, 2018 |
| US District Court for the Northern District of Georgia |
| Amy Totenberg |
| Contract: Other |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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This docket was last retrieved on December 21, 2018. A more recent docket listing may be available from PACER.
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| Filing 18 SECOND SUPPLEMENT TO COMPLAINT with Jury Demand filed by International Business Machines Corporation. (Attachments: #1 Exhibit A - Declaration of Mirtha Cabello)(Finley, Joseph) Please visit our website at http://www.gand.uscourts.gov/commonly-used-forms to obtain Pretrial Instructions and Pretrial Associated Forms which includes the Consent To Proceed Before U.S. Magistrate form. Modified on 12/21/2018 (btql). |
Filing 17
ORDER granting #16 Plaintiff's Motion for Extension of Time to Respond to #12 Order and Supplement its Complaint to December 21, 2018. Signed by Judge Amy Totenberg on 12/14/2018. (bdb)
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| Filing 16 Consent MOTION for Extension of Time re: #12 Order to Show Cause,, by International Business Machines Corporation. (Attachments: #1 Text of Proposed Order)(Finley, Joseph) |
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Filing 15
ORDER granting #14 Motion for Extension of Time to Answer: Defendant Corning Optical Communications LLC shall have through and including January 11, 2019 to move, plead or otherwise respond to Plaintiffs Complaint. Signed by Judge Amy Totenberg on 12/10/2018. (rlb)
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| Filing 14 Consent MOTION for Extension of Time to File Answer by Corning Optical Communications, LLC. (Diffley, Daniel) |
| Filing 13 WAIVER OF SERVICE Returned Executed by International Business Machines Corporation. Corning Optical Communications, LLC waiver mailed on 10/31/2018, answer due 12/31/2018. (Finley, Joseph) |
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Filing 12
ORDER DIRECTING the Plaintiff to supplement its Complaint no later than DECEMBER 14, 2018 with evidence of Defendants' citizenship. See Travaglio, 735 F.3d at 1268-69 (holding that court must dismiss action for lack of subject matter jurisdiction unless pleadings or record evidence establishes jurisdiction). The Clerk is DIRECTED to resubmit this matter to the undersigned upon the filing of the supplemental/amended Notice of Removal or on DECEMBER 17, 2018, whichever is earlier. Signed by Judge Amy Totenberg on 12/7/2018. (bdb)
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| Filing 11 Supplemental to COMPLAINT with Jury Demand per Court #8 Order (supplement to Complaint) against International Business Machines Corporation filed by International Business Machines Corporation. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Finley, Joseph) Please visit our website at http://www.gand.uscourts.gov/commonly-used-forms to obtain Pretrial Instructions and Pretrial Associated Forms which includes the Consent To Proceed Before U.S. Magistrate form. Modified on 12/6/2018 to edit text (bnw). Modified to add Jury Demand on 12/6/2018 (bdb). |
| Filing 10 NOTICE Of Filing Certificate of Compliance by International Business Machines Corporation (Powell, Roy) |
| Filing 9 NOTICE Of Filing Certificate of Compliance by International Business Machines Corporation (Hines, Tamara) |
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Filing 8
ORDER DIRECTING the Plaintiff to supplement its Complaint no later than December 5, 2018, with evidence of the citizenship of each and every member of Corning Optical, LLC, including its members that are also LLCs. Plaintiff may alternatively satisfy this Courts directive by submitting a verified amended complaint, acknowledging that it does not know Corning Optical, LLC's citizenship, and after Defendant Corning Optical, LLC has been served Plaintiff should attempt to immediately confer with Defendant regarding the members of the LLC and supplement the record with information of the actual citizenship of each of its members. The Clerk is DIRECTED to resubmit this matter to the undersigned upon the filing of the supplemental/amended Complaint or on December 5, 2018, whichever is earlier. Signed by Judge Amy Totenberg on 11/19/2018. (jtj)
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ORDER (by docket entry only) granting #6 and #7 Applications for Admission Pro Hac Vice of Petitioners Tamara Marinkovic Hines and Roy A. Powell. By Judge Amy Totenberg on 11/19/18. (hfm)
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| APPROVAL by Clerks Office re: #7 APPLICATION for Admission of Roy A. Powell Pro Hac Vice (Application fee $ 150, receipt number 113E-8260364). Attorney Roy A. Powell added appearing on behalf of International Business Machines Corporation (pmb) |
| APPROVAL by Clerks Office re: #6 APPLICATION for Admission of Tamara Marinkovic Hines Pro Hac Vice (Application fee $ 150, receipt number 113E-8260344). Attorney Tamara Marinkovic Hines added appearing on behalf of International Business Machines Corporation (pmb) |
| Filing 7 APPLICATION for Admission of Roy A. Powell Pro Hac Vice (Application fee $ 150, receipt number 113E-8260364)by International Business Machines Corporation. (Finley, Joseph) |
| Filing 6 APPLICATION for Admission of Tamara Marinkovic Hines Pro Hac Vice (Application fee $ 150, receipt number 113E-8260344)by International Business Machines Corporation. (Finley, Joseph) |
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Filing 5
STANDING ORDER: GUIDELINES TO PARTIES AND COUNSEL PROCEEDING BEFORE THE HONORABLE AMY TOTENBERG. You are required to sign and file a Certificate of Compliance in a format consistent with the Certificate of Compliance attached hereto. To request to file material under seal, the Parties should follow the mechanism described in Section II(J) of Appendix H to the Courts Local Civil Rules. Signed by Judge Amy Totenberg on 11/5/18. (ddm)
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| Filing 4 NOTICE Of Filing Certificate of Compliance by International Business Machines Corporation (Finley, Joseph) |
| Filing 3 Certificate of Interested Persons by International Business Machines Corporation. (Finley, Joseph) |
| Filing 2 REQUESTS FOR WAIVER of Service mailed to Corning Opticial Communication, LLC (Registered Agent) and Joseph E. Finley on 10/31/2018. (Attachments: #1 Registered Agent)(rlb) |
| Filing 1 COMPLAINT with Jury Demand filed by International Business Machines Corporation (Filing fee $400, receipt number 113E-8244132) (Attachments: #1 Civil Cover Sheet)(rlb) Please visit our website at http://www.gand.uscourts.gov/commonly-used-forms to obtain Pretrial Instructions and Pretrial Associated Forms which includes the Consent To Proceed Before U.S. Magistrate form. |
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