N. Harris Computer Corporation et al v. DSI Investments, LLC et al
| N. Harris Computer Corporation, Colossus, Inc. and InterAct911 Corporation |
| David C. Ogles, Digitech Services, Inc., DSI Investments, LLC and E-Jail, LLC |
| 1:2019cv00142 |
| October 4, 2019 |
| US District Court for the Western District of Kentucky |
| H Brent Brennenstuhl |
| Greg N Stivers |
| Copyright |
| 17 U.S.C. § 101 |
| None |
Docket Report
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Filing 28
ORDER (EBOC) by Chief Judge Greg N. Stivers on 11/14/2019. Telephonic Rule 16 Scheduling Conference set for 12/20/2019 at 01:30 p.m. CST before Magistrate Judge H. Brent Brennenstuhl. The Court will initiate the call. No later than November 29, 2019, counsel for the parties shall conduct the meeting of parties required by Rule 26(f). No later than December 13, 2019, counsel for the parties shall file a written joint report outlining the proposed discovery plan. cc: Counsel of Record, Kelly Lovell (KD)
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Filing 27
TEXT ORDER by Chief Judge Greg N. Stivers (EBOC) on 11/14/2019; Pursuant to 28 U.S.C. 636(b)(1)(A), this matter is hereby referred to U.S. Magistrate Judge H. Brent Brennenstuhl, for resolution of all litigation planning issues, entry of scheduling orders, consideration of amendments thereto, and resolution of all non-dispositive matters, including discovery issues. Judge Brennenstuhl is further authorized to conduct a settlement conference in this matter at any time. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached.cc: Counsel of Record; KLL (TJD)
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Filing 26
ANSWER to #23 Amended Complaint,, #1 Complaint,,, , ANSWER to #23 Amended Complaint,, #1 Complaint,,, AND, COUNTERCLAIM against Colossus, Inc., N. Harris Computer Corporation by Digitech Services, Inc., E-Jail, LLC, DSI Investments, LLC, David C. Ogles. (Attachments: #1 Exhibit A - Email re Reimbursement Agreement) (Ames, E.)
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Filing 25
ORDER GRANTING PRELIMINARY INJUNCTION by Chief Judge Greg N. Stivers on 11/12/2019. Plaintiffs' Motion for Temporary Restraining Order (DN #5 ) is DENIED AS MOOT. Plaintiffs' Motion for Preliminary Injunction (DN #14 ) is GRANTED. Defendants DSI Investments, LLC, Digitech Services, Inc., David C. Ogles, and E-Jail, LLC, and all those acting in concert with them are ENJOINED and RESTRAINED from violating the terms of the 2012 Agreement. Plaintiffs' Motion for Expedited Discovery (DN #15 ) and Defendants' Cross Motion to Expedite Discovery (DN #20 ) are DENIED AS MOOT. Plaintiffs' Motion to Withdraw Declaration of Andrew Wright (DN #22 ) is GRANTED. cc: Counsel(JWM)
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Remark: Hearing on pending motions held on 10/29/19. Appearing for the Plaintiffs was Chad E Wallace. Appearing for the Defendants was E. Kenly Ames. The proceedings were digitally recorded via Court ECRO Jessica Mercer. (TJD)
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Filing 24
EXHIBIT INVENTORY by ECRO-Jessie Mercer for Hearing on Motions held 10/29/2019. (JWM)
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Filing 23
AMENDED COMPLAINT against All Defendants, filed by N. Harris Computer Corporation, Colossus, Inc., InterAct911 Corporation. (Attachments: #1 Exhibit United States Copyright No. TX0006352824, #2 Exhibit Assignment of Intellectual Property, #3 Exhibit 2012 Confidentiality Agreement, #4 Exhibit Declaration of Andrew Wright, #5 Exhibit Colossus Lease Agreement, #6 Exhibit Harris Lease Agreement, #7 Exhibit April 15, 2019 Default Letter, #8 Exhibit July 2, 2019 Demand Letter, #9 Exhibit June 18, 2019 E-mail, #10 Exhibit Declaration of Dalton Jones) (Wallace, Chad)
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Filing 22
MOTION to Withdraw Declaration of Andrew Wright by Plaintiffs Colossus, Inc., InterAct911 Corporation, N. Harris Computer Corporation (Attachments: #1 Proposed Order) (Wallace, Chad)
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Filing 21
REPLY to Response to Motion re #5 MOTION for Temporary Restraining Order filed by Colossus, Inc., InterAct911 Corporation, N. Harris Computer Corporation. (Wallace, Chad)
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Filing 20
Cross MOTION to Expedite Discovery by Defendants DSI Investments, LLC, Digitech Services, Inc., E-Jail, LLC, David C. Ogles (Attachments: #1 Exhibit A - Defendants' Proposed Expedited Discovery Requests, #2 Proposed Order) (Ames, E.)
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Filing 19
RESPONSE to Motion re #15 MOTION to Expedite Discovery and Brief in Support filed by DSI Investments, LLC, Digitech Services, Inc., E-Jail, LLC, David C. Ogles. (Attachments: #1 Exhibit A - Defendants' Proposed Expedited Discovery Requests) (Ames, E.)
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Filing 18
RESPONSE to Motion re #14 MOTION for Preliminary Injunction , #5 MOTION for Temporary Restraining Order filed by DSI Investments, LLC, Digitech Services, Inc., E-Jail, LLC, David C. Ogles. (Attachments: #1 Declaration of David C. Ogles, #2 Ogles Decl., Ex. A - Asset Purchase Agreement Exceprts, #3 Ogles Decl., Ex. B - Employment Agreement, #4 Ogles Decl., Ex C - Skype Chat with Developer, #5 Ogles Decl., Ex. D - Code Repository Log, #6 Ogles Decl., Ex. E - Software Listing) (Ames, E.)
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Filing 17
Corporate Disclosure Statement by DSI Investments, LLC, Digitech Services, Inc., E-Jail, LLC. (Ames, E.)
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Filing 16
ORDER by Chief Judge Greg N. Stivers for telephonic conference held 10/17/2019. A hearing on the pending motions is set on 10/29/2019 at 9:00 am CDT. (Court Reporter ECRO-Jessie Mercer.) cc:counsel (JWM)
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Filing 15
MOTION to Expedite Discovery and Brief in Support by Plaintiffs Colossus, Inc., InterAct911 Corporation, N. Harris Computer Corporation (Attachments: #1 Exhibit Declaration of Andrew Wright, #2 Exhibit Proposed Expedited Interrogatories to Defendant David Ogles, #3 Exhibit Proposed Expedited Requests for Production of Documents to Defendant David Ogles, #4 Exhibit Proposed Notice of Deposition of David Ogles, #5 Exhibit Proposed Subpoena to Third-Party Jamie Mosley, #6 Exhibit Proposed Subpoena to Third-Party Brent Deweese, #7 Proposed Order) (Wallace, Chad)
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Filing 14
MOTION for Preliminary Injunction by Plaintiffs Colossus, Inc., InterAct911 Corporation, N. Harris Computer Corporation (Attachments: #1 Memorandum in Support, #2 Proposed Preliminary Injunction) (Wallace, Chad)
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Filing 13
NOTICE of Appearance by E. Kenly Ames on behalf of DSI Investments, LLC, Digitech Services, Inc., E-Jail, LLC, David C. Ogles (Ames, E.)
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Filing 12
SUMMONS Returned Executed by N. Harris Computer Corporation, Colossus, Inc., InterAct911 Corporation. E-Jail, LLC served on 10/9/2019, answer due 10/30/2019. (Wallace, Chad)
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Filing 11
SUMMONS Returned Executed by N. Harris Computer Corporation, Colossus, Inc., InterAct911 Corporation. David C. Ogles served on 10/9/2019, answer due 10/30/2019. (Wallace, Chad)
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Filing 10
SUMMONS Returned Executed by N. Harris Computer Corporation, Colossus, Inc., InterAct911 Corporation. Digitech Services, Inc. served on 10/9/2019, answer due 10/30/2019. (Wallace, Chad)
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Filing 9
SUMMONS Returned Executed by N. Harris Computer Corporation, Colossus, Inc., InterAct911 Corporation. DSI Investments, LLC served on 10/9/2019, answer due 10/30/2019. (Wallace, Chad)
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Filing 8
Corporate Disclosure Statement identifying Corporate Parent N. Harris Computer Corporation, Corporate Parent Trapeze Software Group, Inc., Corporate Parent Trapeze Software ULC, Corporate Parent Constellation Software, Inc., Corporate Parent Canadian Software Investment Fund Inc., Corporate Parent Volaris Group Holdings Inc., Corporate Parent Constellation Homebuilder Systems, Corporation, Corporate Parent Volaris Group Inc. for InterAct911 Corporation. by InterAct911 Corporation. (Wallace, Chad)
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Filing 7
Corporate Disclosure Statement identifying Corporate Parent N. Harris Computer Corporation, Corporate Parent InterAct911 Corporation, Corporate Parent Trapeze Software Group, Inc., Corporate Parent Trapeze Software ULC, Corporate Parent Constellation Software, Inc., Corporate Parent Canadian Software Investment Fund Inc., Corporate Parent Volaris Group Holdings Inc., Corporate Parent Constellation Homebuilder Systems, Corporation, Corporate Parent Volaris Group Inc. for Colossus, Inc.. by Colossus, Inc.. (Wallace, Chad)
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Filing 6
Corporate Disclosure Statement identifying Corporate Parent Constellation Software Inc. for N. Harris Computer Corporation. by N. Harris Computer Corporation. (Wallace, Chad)
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Filing 5
MOTION for Temporary Restraining Order by Plaintiffs Colossus, Inc., InterAct911 Corporation, N. Harris Computer Corporation (Attachments: #1 Exhibit Notice of filing to Defendant's attorney, #2 Memorandum in Support, #3 Proposed Order) (Wallace, Chad)
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Filing 4
REPORT on the Filing of an Action Regarding a Copyright re #1 Complaint. (CDF)
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Filing 3
Summonses Issued as to DSI Investments, LLC, Digitech Services, Inc., E-Jail, LLC, David C. Ogles. Counsel for Plaintiff is responsible for printing and serving the attached issued summons(es). (CDF)
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Filing 2
Case Assignment (Random Selection): Case Assigned to Chief Judge Greg N. Stivers. (CDF)
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Filing 1
COMPLAINT against DSI Investments, LLC, Digitech Services, Inc., David C. Ogles, E-Jail, LLC, filed by N. Harris Computer Corporation, Colossus, Inc., InterAct911 Corporation. (Filing fee $400, receipt number 0644-2958215.) (Attachments: #1 Exhibit A - US Copyright Reg. No. TX0006352824, #2 Exhibit B - Assignment of Intellectual Property, #3 Exhibit C - 2012 Confidentiality Agreement, #4 Exhibit D - Declaration of Andrew Wright, #5 Exhibit E - 2018 Proprietary Rights Agreement, #6 Exhibit F - Colossus Lease, #7 Exhibit G - Harris Lease, #8 Exhibit H - April 15, 2019 Default Letter, #9 Exhibit I - July 2, 2019 Demand Letter, #10 Exhibit J - June 18, 2019 E-Mail from David Ogles, #11 Exhibit K - Declaration of Dalton Jones, #12 Cover Sheet) (CDF)
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