Pegasystems Inc. v. Appian Corporation et al
| Pegasystems Inc. |
| Appian Corporation and Business Process Management, Inc. |
| Kenneth P. Neiman and Judge Kenneth P. Neiman |
| 1:2019cv11461 |
| July 3, 2019 |
| US District Court for the District of Massachusetts |
| Patti B Saris |
| Other Statutory Actions |
| 11 U.S.C. § 548 Unfair and Deceptive Trade Acts |
| Both |
Docket Report
RSS Track this Docket
This docket was last retrieved on November 10, 2022. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 660 Judge Patti B. Saris: ORDER entered. STIPULATION OF DISMISSAL WITH PREJUDICE. (Geraldino-Karasek, Clarilde) |
| Filing 659 STIPULATION of Dismissal with Prejudice by Pegasystems Inc.. (Austin, Kristopher) |
| Filing 658 NOTICE is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above-captioned matter. Counsel are referred to the Court's Transcript Redaction Policy, available on the court website at #http://www.mad.uscourts.gov/attorneys/general-info.htm (Coppola, Katelyn) |
| Filing 657 Transcript of Status Conference October 20, 2022 held on October 20, 2022, before Judge Patti B. Saris. The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Court Reporter Name and Contact Information: Linda Walsh at lwalshsteno@gmail.com. Redaction Request due 11/21/2022. Redacted Transcript Deadline set for 12/1/2022. Release of Transcript Restriction set for 1/30/2023. (Coppola, Katelyn) |
| Filing 656 Opposition re #648 MOTION for Reconsideration filed by Pegasystems Inc.. (Austin, Kristopher) |
| Filing 655 MEMORANDUM in Opposition re #645 MOTION for Reconsideration filed by Appian Corporation. (Mangi, Adeel) |
| Filing 654 Judge Patti B. Saris: ORDER enteredPROCEDURAL ORDER RE: FINAL PRETRIAL CONFERENCE/JURY TRIAL Final Pretrial Conference set for 12/12/2022 02:15 PM in Courtroom 19 (In person only) before Judge Patti B. Saris. Jury Trial set for 1/3/2023 08:30 AM in Courtroom 19 (In person only) before Judge Patti B. Saris. |
| Filing 652 Withdrawal of motion: #587 MOTION in Limine to Partially Exclude Dr. Keri Pearlson Testimony filed by Appian Corporation, #582 MOTION in Limine to Exclude the Testimony of Rebecca Kirk Fair filed by Appian Corporation.. (Mangi, Adeel) |
| Filing 653 Electronic Clerk's Notes for proceedings held before Judge Patti B. Saris: Status Conference held on 10/20/2022 by VIDEO.Ordered: Motions in Limine shall be filed on 11/21/22 Oppositions due on 12/5/2022 Final Pretrial Conference 12/12/2022 at 2:15pm IN PERSON JURY TRIAL SET FOR JANUARY 3, 2023 AT 8:30 AM (Court Reporter: Linda Walsh at lwalshsteno@gmail.com.) |
| Filing 651 Judge Patti B. Saris: ENDORSED ORDER entered re #650 Motion to Seal. "DENIED. However, the memorandum can be redacted." (Geraldino-Karasek, Clarilde) |
| Filing 650 MOTION to Seal by Appian Corporation. (Attachments: #1 Affidavit of Adeel Mangi)(Mangi, Adeel) |
| Filing 649 MEMORANDUM in Support re #648 MOTION for Reconsideration filed by Appian Corporation. (Mangi, Adeel) |
| Filing 648 MOTION for Reconsideration by Appian Corporation.(Mangi, Adeel) |
| Filing 647 RESPONSE TO COURT ORDER by Business Process Management, Inc. re #641 Order on Motion for Summary Judgment. (Fisher, Karl) |
| Filing 646 MEMORANDUM in Support re #645 MOTION for Reconsideration filed by Pegasystems Inc.. (Austin, Kristopher) |
| Filing 645 MOTION for Reconsideration by Pegasystems Inc..(Austin, Kristopher) |
| Filing 644 RESPONSE TO COURT ORDER by Pegasystems Inc. re #641 Order on Motion for Summary Judgment . (Austin, Kristopher) |
| Filing 643 Response by Appian Corporation to #641 Order on Motion for Summary Judgment,,,,, Appian Corporation's Submission Regarding the Viability of Claims Against Business Process Management, Inc.. (Mangi, Adeel) |
| Filing 642 ELECTRONIC NOTICE of STATUS CONFERENCE.This hearing will be conducted by video conference. Counsel of record will receive a video conference invite at the email registered in CM/ECF. If you have technical or compatibility issues with the technology, please notify the session's courtroom deputy as soon as possible.Access to the hearing will be made available to the media and public. In order to gain access to the hearing, you must sign up at the following address: #https://forms.mad.uscourts.gov/courtlist.html. For questions regarding access to hearings, you may refer to the Court's general orders and public notices available on #www.mad.uscourts.gov or contact media@mad.uscourts.gov. Status Conference set for 10/20/2022 10:30 AM BY VIDEO before Judge Patti B. Saris. (Molloy, Maryellen) |
| Filing 641 Judge Patti B. Saris: MEMORANDUM AND ORDER entered. Defendants' motions for summary judgment (Dkt. #570 ; Dkt. #583 ) are ALLOWED IN PART and DENIED IN PART. Pegasystems' motion for partial summary judgment on its claims (Dkt. #573 ) is DENIED. Pegasystems' motion for summary judgment on Appian's counterclaims (Dkt. #573 ) is ALLOWED IN PART and DENIED IN PART. SET DEADLINES AS TO: Parties' Briefs due by 10/14/2022. (Geraldino-Karasek, Clarilde) |
| Filing 640 REPORT of Alternative Dispute Resolution Provider. (Figueroa, Tamara) |
| Filing 638 Notice of Supplemental Authorities re #573 MOTION for Summary Judgment / Pegasystems' Motion for Partial Summary Judgment on its Claims and Summary Judgment on Appian's Counterclaims (Attachments: #1 Exhibit A - Supplemental Authority)(Mangi, Adeel) |
| Filing 637 NOTICE of Appearance by Mark S. Puzella on behalf of Pegasystems Inc. (Puzella, Mark) |
| Filing 636 Magistrate Judge Kenneth P. Neiman: ORDER entered. Order with Respect to Mediation. (Figueroa, Tamara) |
| Filing 635 ELECTRONIC NOTICE of ADR Conference: Alternative Dispute Resolution Hearing set for 8/17/2022 at 10:00 AM via Zoom Video Conference before Magistrate Judge Kenneth P. Neiman. (Figueroa, Tamara) |
| Filing 633 Notice of correction to docket made by Court staff. Correction: Document 633 Clerk's Notes. corrected because: Entry Deleted due to being docketed in the incorrect case. (Finn, Mary) |
| Filing 632 ELECTRONIC NOTICE of ADR Conference: Alternative Dispute Resolution Hearing set for 8/1/2022 at 4:00 PM before Magistrate Judge Kenneth P. Neiman. (Figueroa, Tamara) |
| Filing 629 Notice of assignment to ADR Provider. Judge Kenneth P. Neiman appointed at the request of the parties.(Simeone, Maria) |
| Filing 631 NOTICE is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above-captioned matter. Counsel are referred to the Court's Transcript Redaction Policy, available on the court website at #http://www.mad.uscourts.gov/attorneys/general-info.htm (Coppola, Katelyn) |
| Filing 630 Transcript of Motion Hearing held on July 15, 2022, before Judge Patti B. Saris. The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Court Reporter Name and Contact Information: Lee Marzilli at leemarz@aol.com. Redaction Request due 8/12/2022. Redacted Transcript Deadline set for 8/22/2022. Release of Transcript Restriction set for 10/20/2022. (Coppola, Katelyn) |
| Filing 628 Judge Patti B. Saris: ELECTRONIC ORDER entered. ORDER REFERRING CASE to Alternative Dispute Resolution before Magistrate Judge Kenneth P. Neiman. (Geraldino-Karasek, Clarilde) |
| Filing 627 Electronic Clerk's Notes for proceedings held before Judge Patti B. Saris: Motion Hearing held on 7/15/2022 IN PERSON.All matters taken under advisement.(Court Reporter: Lee Marzilli at leemarz@aol.com.) (Molloy, Maryellen) |
| Filing 626 Notice of Supplemental Authorities re #570 MOTION for Summary Judgment (Attachments: #1 Exhibit A - Supplemental Authority)(Mangi, Adeel) |
| Filing 625 ELECTRONIC NOTICE OF RESETTING HEARING *** (IN PERSON- Courtroom 19 )*** ON MOTION(S): Motion #570 MOTION for Summary Judgment, #582 MOTION in Limine to Exclude the Testimony of Rebecca Kirk Fair, #587 MOTION in Limine to Partially Exclude Dr. Keri Pearlson Testimony, #573 MOTION for Summary Judgment / Pegasystems' Motion for Partial Summary Judgment on its Claims and Summary Judgment on Appian's Counterclaims, #583 MOTION for Summary Judgment : MOTION(S) HEARING SET FOR 7/15/2022 09:00 AM in Courtroom 19 (IN PERSON ONLY) before Judge Patti B. Saris. (Geraldino-Karasek, Clarilde) |
| Filing 624 Letter/request (non-motion) from Nicole Kinsley on behalf of Pegasystems Inc.. (Kinsley, Nicole) |
| Filing 623 Judge Patti B. Saris: ELECTRONIC ORDER entered granting #622 Motion to Withdraw as Attorney. Attorney Andrew M. Willinger terminated. (Geraldino-Karasek, Clarilde) |
| Filing 622 MOTION to Withdraw as Attorney Motion to Withdraw by Appian Corporation's Counsel Andrew M. Willinger by Appian Corporation.(Mangi, Adeel) |
| Filing 621 (SEALED) REPLY Brief in Support of #573 Motion for Partial Summary Judgment on its Claims and for Summary Judgment on Appian's Counterclaims #611 filed by Pegasystems Inc.. (Geraldino-Karasek, Clarilde) |
| Filing 620 Judge Patti B. Saris: ELECTRONIC ORDER entered Allowed re #616 Motion to Seal. Counsel will receive an email within twenty-four (24) hours of this order with instructions for submitting sealed documents for which leave has been granted in accordance with the Local Rules of the U.S. District Court of Massachusetts. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Geraldino-Karasek, Clarilde) |
| Filing 619 Judge Patti B. Saris: ELECTRONIC ORDER entered Allowed #612 Motion to Seal. Counsel will receive an email within twenty-four (24) hours of this order with instructions for submitting sealed documents for which leave has been granted in accordance with the Local Rules of the U.S. District Court of Massachusetts. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Geraldino-Karasek, Clarilde) |
| Filing 618 ELECTRONIC NOTICE of MOTION Hearing. This hearing will be conducted by VIDEO CONFERENCE. Counsel of record will receive a video conference invite at the email registered in CM/ECF. If you have technical or compatibility issues with the technology, please notify the session's courtroom deputy as soon as possible.Access to the hearing will be made available to the media and public. In order to gain access to the hearing, you must sign up at the following address: #https://forms.mad.uscourts.gov/courtlist.html. For questions regarding access to hearings, you may refer to the Court's general orders and public notices available on #www.mad.uscourts.gov or contact media@mad.uscourts.gov.MOTION Hearing set for 7/15/2022 09:00 AM BY VIDEO before Judge Patti B. Saris. (Molloy, Maryellen) |
| Filing 617 NOTICE by Business Process Management, Inc. re #613 Memorandum in Support of Motion Notice of Joinder in Reply to Opposition to Motion for Summary Judgment (Fisher, Karl) |
| Filing 616 MOTION to Seal (Unopposed) by Appian Corporation. (Attachments: #1 Declaration of Adeel Mangi)(Mangi, Adeel) |
| Filing 615 AFFIDAVIT in Support re #570 MOTION for Summary Judgment (Declaration of Denise Broady) filed by Appian Corporation. (Attachments: #1 Exhibit A to Broady Declaration, #2 Exhibit B to Broady Declaration, #3 Exhibit C to Broady Declaration)(Mangi, Adeel) (Additional attachment(s) added on 5/27/2022: #4 (Sealed) Declaration, #5 (Sealed) Exhibit, #6 (Sealed) Exhibit, #7 (Sealed) Exhibit) (Geraldino-Karasek, Clarilde). |
| Filing 614 AFFIDAVIT in Support re #570 MOTION for Summary Judgment (Reply Declaration of Adeel Mangi) filed by Appian Corporation. (Attachments: #1 Exhibit 70 - Pegasystems Inc.'s Form10-K for 2019, #2 Exhibit 71 - Pegasystems Inc.'s Form 10-K for 2021)(Mangi, Adeel) |
| Filing 613 MEMORANDUM in Support re #570 MOTION for Summary Judgment (Reply) filed by Appian Corporation. (Mangi, Adeel) (Additional attachment(s) added on 5/27/2022: #1 (Sealed ) Memorandum) (Geraldino-Karasek, Clarilde). |
| Filing 612 MOTION to Seal Reply Brief in Support of Pegasystems' Motion for Partial Summary Judgment on its Claims and for Summary Judgment on Appian's Counterclaims #611 by Pegasystems Inc.. (Attachments: #1 Declaration of Mital B. Patel)(Patel, Mital) |
| Filing 611 REPLY to Response to #573 MOTION for Summary Judgment / Pegasystems' Motion for Partial Summary Judgment on its Claims and Summary Judgment on Appian's Counterclaims filed by Pegasystems Inc.. (Attachments: #1 Exhibit 1 - Excerpts of April 27 Trial Transcript, #2 Exhibit 2 - Excerpts of Appian 10-K)(Austin, Kristopher) |
| Filing 610 Judge Patti B. Saris: Endorsed ORDER entered re #602 MOTION to Seal (Unopposed). "ALLOWED. However, the Court reserves the right to unseal any documents or use the material in an opinion." (Geraldino-Karasek, Clarilde) |
| Filing 609 Judge Patti B. Saris: Endorsed ORDER entered re #607 MOTION to Seal Certain Documents in Opposition to Motions for Summary Judgment and Motions to Exclude Testimony. "ALLOWED. However, the Court reserves the right to unseal any documents or use the material in an opinion." (Geraldino-Karasek, Clarilde) |
| Filing 608 ELECTRONIC NOTICE issued requesting courtesy copy for Docket No: #596 , #597 , #598 , #599 , #600 , #601 , #603 , #604 , #605 , and #606 Counsel who filed this document are requested to submit a courtesy copy of these documents (including sealed exhibits) to the Clerk's Office by 5/18/2022. These documents must be clearly marked as a Courtesy Copy, reflect the document number assigned by CM/ECF, and the exhibits must be tabbed. (Geraldino-Karasek, Clarilde) |
| Filing 607 Consent MOTION to Seal Certain Documents in Opposition to Motions for Summary Judgment and Motions to Exclude Testimony by Pegasystems Inc.. (Attachments: #1 Declaration of Mital B. Patel)(Patel, Mital) |
| Filing 606 Response by Pegasystems Inc. to #572 Statement of Material Facts L.R. 56.1, (Filed Under Seal). (Attachments: #1 Exhibit 70 - Excerpts of Deposition of M Ross, #2 Exhibit 71 - Filed Under Seal, #3 Exhibit 72 - Excerpts of Deposition of D Schuerman, #4 Exhibit 73 - Filed Under Seal, #5 Exhibit 74 - Filed Under Seal)(Austin, Kristopher) (Additional attachment(s) added on 6/10/2022: #6 ( Sealed Response), #7 (Sealed -Exhibit 71), #8 (Sealed -Exhibit 72 ), #9 (Sealed Exhibit 73), #10 (Sealed Exhibit 74)) (Geraldino-Karasek, Clarilde). |
| Filing 605 NOTICE by Business Process Management, Inc. re #600 Memorandum in Opposition to Motion, Notice of Joinder in Memorandum in Opposition to Motion (Fisher, Karl) |
| Filing 604 MEMORANDUM in Opposition re #583 MOTION for Summary Judgment , #570 MOTION for Summary Judgment filed by Pegasystems Inc.. (Austin, Kristopher) (Additional attachment(s) added on 6/10/2022: #1 (Sealed) Memorandum) (Geraldino-Karasek, Clarilde). |
| Filing 603 MEMORANDUM in Opposition re #582 MOTION in Limine to Exclude the Testimony of Rebecca Kirk Fair filed by Pegasystems Inc.. (Attachments: #1 Exhibit 1 - Filed Under Seal, #2 Exhibit 2 - Filed Under Seal, #3 Exhibit 3 - Filed Under Seal, #4 Exhibit 4 - Excerpts of Deposition of T Bachmann, #5 Exhibit 5 - Filed Under Seal, #6 Exhibit 6 - Filed Under Seal)(Austin, Kristopher) (Additional attachment(s) added on 6/10/2022: #7 ( Sealed Memorandum), #8 (Sealed Exhibit 1), #9 (Sealed Exhibit 2), #10 (Sealed Exhibit 3), #11 (Sealed Exhibit 5), #12 (Sealed Exhibit 6)) (Geraldino-Karasek, Clarilde). |
| Filing 602 MOTION to Seal (Unopposed) by Appian Corporation. (Attachments: #1 Declaration of Adeel A. Mangi)(Mangi, Adeel) |
| Filing 601 MEMORANDUM in Opposition re #587 MOTION in Limine to Partially Exclude Dr. Keri Pearlson Testimony filed by Pegasystems Inc.. (Attachments: #1 Exhibit 1 - Filed Under Seal, #2 Exhibit 2 - Filed Under Seal)(Austin, Kristopher) (Additional attachment(s) added on 6/10/2022: #3 ( Sealed Memorandum), #4 (Sealed -Exhibit 1 ), #5 (Sealed -Exhibit 2 )) (Geraldino-Karasek, Clarilde). |
| Filing 600 MEMORANDUM in Opposition re #573 MOTION for Summary Judgment / Pegasystems' Motion for Partial Summary Judgment on its Claims and Summary Judgment on Appian's Counterclaims filed by Appian Corporation. (Mangi, Adeel) (Additional attachment(s) added on 6/6/2022: #1 (Sealed) Opposition) (Geraldino-Karasek, Clarilde). |
| Filing 599 Response by Appian Corporation to #575 Statement of Material Facts L.R. 56.1,,,,,,,,,,,,,,,,,, . (Mangi, Adeel) (Additional attachment(s) added on 6/6/2022: #1 (Sealed) Response) (Geraldino-Karasek, Clarilde). |
| Filing 598 AFFIDAVIT of Richard M. Marshal, Ph.D. in Opposition re #573 MOTION for Summary Judgment / Pegasystems' Motion for Partial Summary Judgment on its Claims and Summary Judgment on Appian's Counterclaims filed by Appian Corporation. (Attachments: #1 Exhibit A, Expert Report, dated February 4, 2022, #2 Exhibit B, Expert Rebuttal, March 4, 2022)(Mangi, Adeel) |
| Filing 597 AFFIDAVIT of John L. Hansen in Opposition re #573 MOTION for Summary Judgment / Pegasystems' Motion for Partial Summary Judgment on its Claims and Summary Judgment on Appian's Counterclaims filed by Appian Corporation. (Attachments: #1 Exhibit A, Expert Reports and attachments, Feb. & Mar. 2022, #2 Exhibit B, Expert Rebuttal, March 4, 2022)(Mangi, Adeel) |
| Filing 596 AFFIDAVIT of Adeel A. Mangi in Opposition re #573 MOTION for Summary Judgment / Pegasystems' Motion for Partial Summary Judgment on its Claims and Summary Judgment on Appian's Counterclaims filed by Appian Corporation. (Attachments: #1 Exhibit 1, EGA00000339, #2 Exhibit 2, Excerpts from Transcript of April 30, 2021 Deposition of Malcolm Ross, #3 Exhibit 3, Excerpts from Transcript of December 14, 2021 Rule 30(b)(6) Deposition of Malcolm Ross, #4 Exhibit 4, Excerpts from Transcript of December 16, 2021 Rule 30(b)(6) Deposition of Malcolm Ross, #5 Exhibit 5, Excerpts from Transcript of March 16, 2022 Deposition of Richard Marshall, #6 Exhibit 6, Brian S. Sommer Expert Report, #7 Exhibit 7, Revised BPM.com Report, #8 Exhibit 8, Appians Response to Pegasystems First Set of Interrogatories, dated February 7, 2020, #9 Exhibit 9, Excerpts from Transcript of June 18, 2021 Deposition of Jennifer Troxell, #10 Exhibit 10, Excerpts from Transcript of December 6, 2021 Rule 30(b)(6) Deposition of Nathaniel Palmer, #11 Exhibit 11, Excerpts from Transcript of Apr. 27, 2021 Deposition of Arturo Oliver, #12 Exhibit 12, Excerpts from Transcript of Dec. 17, 2021 Deposition of Spurway, #13 Exhibit 13, PEGA00002063, #14 Exhibit 14, APPN00000478, #15 Exhibit 15, APPN00010717, #16 Exhibit 16, PEGA00070911, #17 Exhibit 17, PEGA00000250, #18 Exhibit 18, BPM.coms Responses and Objections to Pegasystems' Fourth Set of Interrogatories, dated October 25, 2021, #19 Exhibit 19, Excerpts from Transcript of May 21, 2021 Deposition of Cathryn Siemer, #20 Exhibit 20, Excerpts from Transcript of March 30, 2022 Deposition of Dr. Keri Pearlson, #21 Exhibit 21, APPN00001550, #22 Exhibit 22, APPN00001552, #23 Exhibit 23, APPN00004424, #24 Exhibit 24, BPM.coms Responses to Pegasystems Second Set of Request for Admission, dated October 25, 2021, #25 Exhibit 25, PEGA00000045, #26 Exhibit 26, Appians Responses to Pegasystems Second Set of Requests for Admission, dated October 25, 2021, #27 Exhibit 27, APPN00006735, #28 Exhibit 28, APPN00018540, #29 Exhibit 29, PEGA00002746, #30 Exhibit 30, Pegasystems Responses to Appians Fourth Set of Interrogatories, dated January 29, 2021, #31 Exhibit 31, Excerpts from Transcript of December 16, 2021 Rule 30(b)(6) Deposition of Desmond Conte, #32 Exhibit 32, PEGA00100020, #33 Exhibit 33, Excerpts from Transcript of December 17, 2021 Rule 30(b)(6) Deposition of Don Schuerman, #34 Exhibit 34, Second Amended Notice of Deposition Pursuant to Rule 30(b)(6) of Pegasystems Inc., dated November 18, 2021, #35 Exhibit 35, PEGA00100370, #36 Exhibit 36, Excerpts from Transcript of July 1, 2021 Deposition of John Petronio, #37 Exhibit 37, PEGA00006605, #38 Exhibit 38, BALDWIN000128-130, #39 Exhibit 39, BALDWIN000099-110, #40 Exhibit 40, CATON-MA-FED00010742, #41 Exhibit 41, Pegasystems Responses to Appians Third Set of Interrogatories, dated October 30, 2020, #42 Exhibit 42, Excerpts from Transcript of the April 14, 2021 Deposition of Douglas Kim, #43 Exhibit 43, PEGA00007045, #44 Exhibit 44, Excerpts from Transcript of March 25, 2022 Deposition of Brian S. Sommer, #45 Exhibit 45, ZOU-002923, #46 Exhibit 46, CATON-MA-FED00006397, #47 Exhibit 47, PEGA00007109, #48 Exhibit 48, PEGA00098803, #49 Exhibit 49, PEGA00007115, #50 Exhibit 50, Excerpts from Transcript of May 20, 2021 Deposition of Jim Sinur, #51 Exhibit 51, APPN00005923, #52 Exhibit 52, APPN00019710, #53 Exhibit 53, APPN00022263, #54 Exhibit 54, APPN00020283, #55 Exhibit 55, APPN00019981, #56 Exhibit 56, Appians Responses and Objections to Pegasystems' Fourth Set of Interrogatories, dated October 25, 2021, #57 Exhibit 57, APPN00020966, #58 Exhibit 58, APPN00018577, #59 Exhibit 59, APPN00019112, #60 Exhibit 60, PEGA00002901, #61 Exhibit 61, PEGA00105917, #62 Exhibit 62, PEGA00105950, #63 Exhibit 63, APPN00005503, #64 Exhibit 64, APPN00005504, #65 Exhibit 65, PEGA00108905, #66 Exhibit 66, Excerpts from Transcript of December 17, 2021 Deposition of Christopher Thorpe, #67 Exhibit 67, Ex. 3 to Deposition of Christopher Thorpe, #68 Exhibit 68, APPN00128073, #69 Exhibit 69, CATON-MA-FED00005328, #70 Exhibit 70, CATON-MA-FED00003916, #71 Exhibit 71, Sinur Report, #72 Exhibit 72, APPN00011623, #73 Exhibit 73, PEGA00104824, #74 Exhibit 74, GNW0136, #75 Exhibit 75, CATON-MA-FED00012069, #76 Exhibit 76, PEGA00099501, #77 Exhibit 77, CATON-MA-FED00007905, #78 Exhibit 78, PEGA00106473, #79 Exhibit 79, PEGA00100459, #80 Exhibit 80, PEGA00101691, #81 Exhibit 81, PEGA00098778, #82 Exhibit 82, APPN00127660, #83 Exhibit 83, APPN00001726, #84 Exhibit 84, APPN00021041, #85 Exhibit 85, PEGA00002936, #86 Exhibit 86, PEGA00064601, #87 Exhibit 87, Excerpts from Transcript of December 15, 2021 Deposition of Michael Caton, #88 Exhibit 88, Ex. 14 to Deposition of Brian Sommer, #89 Exhibit 89, APPN00022964, #90 Exhibit 90, PEGA00110339, #91 Exhibit 91, Excerpts from Transcript of the December 13, 2021 Deposition of John Petronio, #92 Exhibit 92, PEGA00100367, #93 Exhibit 93, CATON-MA-FED00006967, #94 Exhibit 94, CATON-MA-FED00006523, #95 Exhibit 95, APPN00122798, #96 Exhibit 96, APPN00122807, #97 Exhibit 97, CATON-MA-FED00003911, #98 Exhibit 98, APPN00005646, #99 Exhibit 99, APPN00122654, #100 Exhibit 100, APPN00088096, #101 Exhibit 101, CATON-MA-FED00002837, #102 Exhibit 102, CATON-MA-FED00015489, #103 Exhibit 103, CATON-MA-FED00015491, #104 Exhibit 104, APPN00120057, #105 Exhibit 105, PEGA00004360, #106 Exhibit 106, APPN00124629, #107 Exhibit 107, PEGA00098869, #108 Exhibit 108, PEGA00098875, #109 Exhibit 109, CATON-MA-FED00013176, #110 Exhibit 110, Excerpts from Transcript of December 14, 2021 Deposition of Trenton Buff, #111 Exhibit 111, APPN00122825, #112 Exhibit 112, APPN00128015, #113 Exhibit 113, APPN00123024, #114 Exhibit 114, ZOU-000801, #115 Exhibit 115, APPN00122924, #116 Exhibit 116, PEGA00095446, #117 Exhibit 117, APPN00016614, #118 Exhibit 118, PEGA00006597, #119 Exhibit 119, PEGA00090364, #120 Exhibit 120, PEGA00005437, #121 Exhibit 121, PEGA00005428, #122 Exhibit 122, APPN00050470, #123 Exhibit 123, APPN00019512, #124 Exhibit 124, APPN00122165, #125 Exhibit 125, APPN00016062, #126 Exhibit 126, PEGA00073777, #127 Exhibit 127, PEGA00092161, #128 Exhibit 128, Excerpts from Transcript of December 8, 2021 Deposition of Ryan Gates, #129 Exhibit 129, PEGA00083029, #130 Exhibit 130, APPN00020282, #131 Exhibit 131, GNW0017, #132 Exhibit 132, PEGA00008667, #133 Exhibit 133, PEGA00083305, #134 Exhibit 134, PEGA00011359, #135 Exhibit 135, PEGA00011489, #136 Exhibit 136, PEGA00083042, #137 Exhibit 137, Excerpts from Transcript of April 21, 2021 Deposition of Thomas Libretto, #138 Exhibit 138, PEGA00001726, #139 Exhibit 139, PEGA00001796, #140 Exhibit 140, PEGA00001763, #141 Exhibit 141, PEGA00070868, #142 Exhibit 142, PEGA00001750, #143 Exhibit 143, PEGA00070337, #144 Exhibit 144, PEGA00070819, #145 Exhibit 145, PEGA00069954, #146 Exhibit 146, PEGA00070749, #147 Exhibit 147, PEGA00070834, #148 Exhibit 148, LINK00000001, #149 Exhibit 149, LINK00000002, #150 Exhibit 150, CATON-MA-FED00006400, #151 Exhibit 151, CATON-MA-FED00007662, #152 Exhibit 152, PEGA00002789, #153 Exhibit 153, PEGA00099010, #154 Exhibit 154, CATON-MA-FED00013080, #155 Exhibit 155, CATON-MA-FED00013081, #156 Exhibit 156, PEGA00098925, #157 Exhibit 157, Excerpts from Transcript of June 15, 2021 Deposition of Leon Trefler, #158 Exhibit 158, PEGA00006507, #159 Exhibit 159, PEGA00002866, #160 Exhibit 160, CATON-MA-FED00004080, #161 Exhibit 161, CATON-MA-FED00005554, #162 Exhibit 162, CATON-MA-FED00012612, #163 Exhibit 163, PEGA00009781, #164 Exhibit 164, PEGA00098904, #165 Exhibit 165, PEGA00098913, #166 Exhibit 166, PEGA00104281, #167 Exhibit 167, PEGA00100388, #168 Exhibit 168, PEGA00100383, #169 Exhibit 169, PEGA00098986, #170 Exhibit 170, PEGA00104310, #171 Exhibit 171, PEGA00103882, #172 Exhibit 172, PEGA00104194, #173 Exhibit 173, PEGA00098978, #174 Exhibit 174, PEGA00100389, #175 Exhibit 175, CATON-MA-FED00012067, #176 Exhibit 176, PEGA00104868, #177 Exhibit 177, CATON-MA-FED00010587, #178 Exhibit 178, Excerpts from Transcript of June 2, 2021 Deposition of Matthew Adams, #179 Exhibit 179, PEGA00099088, #180 Exhibit 180, PEGA00106178, #181 Exhibit 181, PEGA00106501, #182 Exhibit 182, PEGA00106751, #183 Exhibit 183, PEGA00100324, #184 Exhibit 184, PEGA00101361, #185 Exhibit 185, PEGA00006583, #186 Exhibit 186, PEGA00006526, #187 Exhibit 187, PEGA00006631, #188 Exhibit 188, Excerpts from Transcript of May 12, 2021 Deposition of Robert Spencer, #189 Exhibit 189, PEGA00006579, #190 Exhibit 190, PEGA00094960, #191 Exhibit 191, PEGA00094944, #192 Exhibit 192, PEGA00006570, #193 Exhibit 193, PEGA00007205, #194 Exhibit 194, PEGA00006511, #195 Exhibit 195, PEGA00010924, #196 Exhibit 196, PEGA00094940, #197 Exhibit 197, PEGA00006759, #198 Exhibit 198, PEGA00007217, #199 Exhibit 199, PEGA00006968, #200 Exhibit 200, PEGA00007043, #201 Exhibit 201, PEGA00006814, #202 Exhibit 202, PEGA00006841, #203 Exhibit 203, PEGA00006846, #204 Exhibit 204, PEGA00094971, #205 Exhibit 205, PEGA00094810, #206 Exhibit 206, PEGA00005158, #207 Exhibit 207, PEGA00000012, #208 Exhibit 208, PEGA00004950, #209 Exhibit 209, PEGA00003797, #210 Exhibit 210, PEGA00064398, #211 Exhibit 211, PEGA00003475, #212 Exhibit 212, PEGA00003154, #213 Exhibit 213, PEGA00002924, #214 Exhibit 214, PEGA00003715, #215 Exhibit 215, PEGA00105294, #216 Exhibit 216, PEGA00008845, #217 Exhibit 217, PEGA00005702, #218 Exhibit 218, PEGA00008668, #219 Exhibit 219, PEGA00085280, #220 Exhibit 220, PEGA00011295, #221 Exhibit 221, PEGA00083288, #222 Exhibit 222, PEGA00007001, #223 Exhibit 223, Ex. 3 to Deposition of Keri Pearlson, #224 Exhibit 224, APPN00020749, #225 Exhibit 225, APPN00058019, #226 Exhibit 226, PEGA00100416, #227 Exhibit 227, ZOU-000741, #228 Exhibit 228, CATON-MA-FED00000912, #229 Exhibit 229, Ex. 15 to Deposition of Brian Sommer, #230 Exhibit 230, APPN00122824, #231 Exhibit 231, APPN00012427, #232 Exhibit 232, CATON-MA-FED00012985, #233 Exhibit 233, CATON-MA-FED00012990, #234 Exhibit 234, CATON-MA-FED00007008, #235 Exhibit 235, CATON-MA-FED00007009, #236 Exhibit 236, APPN00124613, #237 Exhibit 237, APPN00124617, #238 Exhibit 238, Ex. 7 to Deposition of Brian Sommer, #239 Exhibit 239, APPN00122309, #240 Exhibit |
| Filing 595 RESET SCHEDULING ORDER DEADLINES AS TO: #582 MOTION in Limine to Exclude the Testimony of Rebecca Kirk Fair AND #587 MOTION in Limine to Partially Exclude Dr. Keri Pearlson Testimony. Opposition due by 5/6/2022; Replies due by 5/20/2022; Sur-Replies due by 5/27/2022. (Geraldino-Karasek, Clarilde) |
| Filing 594 Judge Patti B. Saris: ENDORSED ORDER entered ALLOWED re #593 Assented to MOTION for Extension of Time and Leave to File. (Geraldino-Karasek, Clarilde) |
| Filing 593 Assented to MOTION for Extension of Time and Leave to File by Pegasystems Inc.(Kinsley, Nicole) Modified docket text on 4/27/2022 in accordance with motion relief filed (Geraldino-Karasek, Clarilde). |
| Filing 592 Case no longer referred to Magistrate Judge M. Page Kelley. (Geraldino-Karasek, Clarilde) |
| Filing 591 Magistrate Judge M. Page Kelley: ELECTRONIC ORDER entered ALLOWING #576 Motion to Seal Document #574 Memorandum in Support of Motion, #575 Statement of Material Facts L.R. 56.1, / Pegasystems' Consent Motion to File its Motion for Summary Judgment Partially Under Seal, #581 MOTION to Seal - Unopposed, #586 MOTION to Seal certain filings re: #582 (Unopposed), #590 MOTION to Seal certain filings re: #588 (Unopposed) ; ALLOWING #581 Motion to Seal. ; ALLOWING #586 Motion to Seal; ALLOWING #590 Motion to Seal. Counsel will receive an email within twenty-four (24) hours of this order with instructions for submitting sealed documents for which leave has been granted in accordance with the Local Rules of the U.S. District Court of Massachusetts. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Vieira, Leonardo) |
| Filing 590 MOTION to Seal certain filings re: #588 (Unopposed) by Appian Corporation. (Attachments: #1 Declaration of Adeel A. Mangi)(Mangi, Adeel) |
| Filing 589 AFFIDAVIT of Adeel A. Mangi in Support re #587 MOTION in Limine to Partially Exclude Dr. Keri Pearlson Testimony filed by Appian Corporation. (Attachments: #1 EXHIBIT 1 Filed Under Seal, #2 EXHIBIT 2 Filed Under Seal, #3 EXHIBIT 3 Filed Under Seal, #4 EXHIBIT 4 Filed Under Seal, #5 EXHIBIT 5 - APPN00009866, #6 EXHIBIT 6 - Ex 3 to Pearlson Deposition - Textbook Excerpts, #7 EXHIBIT 7 Filed Under Seal, #8 EXHIBIT 8 Filed Under Seal, #9 EXHIBIT 9 Filed Under Seal, #10 EXHIBIT 10 - 6-17-21 - Pegasystems - Schuerman (excerpt), #11 EXHIBIT 11 Filed Under Seal, #12 EXHIBIT 12 - APPN00001726, #13 EXHIBIT 13 Filed Under Seal, #14 EXHIBIT 14 - APPN00021041, #15 EXHIBIT 15 - APPN00020885, #16 EXHIBIT 16 - Pega Recognized as the Highest Ranked Vendor by Gartner in 2021, #17 EXHIBIT 17 - Pega Named a Leader in Digital Process Automation Software by Top Independent Analyst Firm)(Mangi, Adeel) (Attachment 1 replaced on 4/21/2022) (Vieira, Leonardo). (Attachment 2 replaced on 4/21/2022) (Vieira, Leonardo). (Attachment 3 replaced on 4/21/2022) (Vieira, Leonardo). (Attachment 4 replaced on 4/21/2022) (Vieira, Leonardo). (Attachment 7 replaced on 4/21/2022) (Vieira, Leonardo). (Attachment 8 replaced on 4/21/2022) (Vieira, Leonardo). (Attachment 9 replaced on 4/21/2022) (Vieira, Leonardo). (Attachment 11 replaced on 4/21/2022) (Vieira, Leonardo). (Attachment 13 replaced on 4/21/2022) (Vieira, Leonardo). |
| Filing 588 MEMORANDUM in Support re #587 MOTION in Limine to Partially Exclude Dr. Keri Pearlson Testimony filed by Appian Corporation. (Mangi, Adeel) (Additional attachment(s) added on 4/21/2022: #1 MEMORANDUM in Support) (Vieira, Leonardo). |
| Filing 587 MOTION in Limine to Partially Exclude Dr. Keri Pearlson Testimony by Appian Corporation.(Mangi, Adeel) |
| Filing 586 MOTION to Seal certain filings re: #582 (Unopposed) by Appian Corporation. (Attachments: #1 Declaration of Adeel A. Mangi)(Mangi, Adeel) |
| Filing 585 AFFIDAVIT of Adeel A. Mangi in Support re #582 MOTION in Limine to Exclude the Testimony of Rebecca Kirk Fair filed by Appian Corporation. (Attachments: #1 Exhibit 1, Exclude the Testimony of Rebecca Kirk Fair, #2 Exhibit 2, Exclude the Testimony of Rebecca Kirk Fair, #3 Exhibit 3, Exclude the Testimony of Rebecca Kirk Fair, #4 Exhibit 4, Exclude the Testimony of Rebecca Kirk Fair)(Mangi, Adeel) (Attachment 1 replaced on 4/21/2022) (Vieira, Leonardo). (Attachment 2 replaced on 4/21/2022) (Vieira, Leonardo). (Attachment 3 replaced on 4/21/2022) (Vieira, Leonardo). |
| Filing 584 MEMORANDUM in Support re #582 MOTION in Limine to Exclude the Testimony of Rebecca Kirk Fair filed by Appian Corporation. (Mangi, Adeel) (Additional attachment(s) added on 4/21/2022: #1 MEMORANDUM in Support) (Vieira, Leonardo). |
| Filing 583 MOTION for Summary Judgment by Business Process Management, Inc..(Magee, David) |
| Filing 582 MOTION in Limine to Exclude the Testimony of Rebecca Kirk Fair by Appian Corporation.(Mangi, Adeel) |
| Filing 581 MOTION to Seal - Unopposed by Appian Corporation. (Attachments: #1 Declaration of Adeel A. Mangi)(Mangi, Adeel) |
| Filing 580 AFFIDAVIT of Declaration of Michael Sochynsky - Under Seal in Support re #570 MOTION for Summary Judgment filed by Appian Corporation. (Mangi, Adeel) (Additional attachment(s) added on 4/21/2022: #1 Declaration of Michael Sochynsky) (Vieira, Leonardo). |
| Filing 579 AFFIDAVIT of Declaration of Mark Matheos - Under Seal in Support re #570 MOTION for Summary Judgment filed by Appian Corporation. (Mangi, Adeel) (Additional attachment(s) added on 4/21/2022: #1 Declaration of Mark Matheos) (Vieira, Leonardo). |
| Filing 578 AFFIDAVIT of Adeel A. Mangi in Support re #570 MOTION for Summary Judgment filed by Appian Corporation. (Attachments: #1 Exhibit 1, Pegasystems FY2020 Form 10-K, #2 Exhibit 2, Schuerman Deposition Transcript (under seal), #3 Exhibit 3, Rebuttal Expert Report of Rebecca Kirk Fair (under seal), #4 Exhibit 4, Keri Pearlson Deposition Transcript (under seal), #5 Exhibit 5, Malcolm Ross Deposition Transcript (under seal), #6 Exhibit 6, Leon Trefler Deposition Transcript (under seal), #7 Exhibit 7, Arturo Oliver Deposition Transcript (under seal), #8 Exhibit 8, Trenton Buff Deposition Transcript (under seal), #9 Exhibit 9, APPN00127660, #10 Exhibit 10, Brian S. Sommer Expert Report (under seal), #11 Exhibit 11, Rebuttal Expert Report of Dr. Keri Pearlson (under seal), #12 Exhibit 12, Malcolm Ross Declaration Opposition to Motion for Preliminary Injunction, #13 Exhibit 13, BPM.com Report, #14 Exhibit 14, Appians First Amended Response to Pegasystems Fourth Set of Interrogatories (under seal), #15 Exhibit 15, Appians Response to Pegasystems First Set of Interrogatories, #16 Exhibit 16, Nathaniel Palmer Deposition Transcript (under seal), #17 Exhibit 17, BPM.coms Responses to Pegasystems Fourth Set of Interrogatories (under seal), #18 Exhibit 18, May 13, 2020 Letter, #19 Exhibit 19, July 21, 2020 Hearing Transcript, #20 Exhibit 20, Oct. 1, 2020 Hearing Transcript, #21 Exhibit 21, Oct. 22, 2020 Letter, #22 Exhibit 22, Dec. 2, 2020 Letter (under seal), #23 Exhibit 23, Dec. 8, 2020 Letter (under seal), #24 Exhibit 24, Aug. 21, 2020 Stipulation of Pegasystems (under seal), #25 Exhibit 25, Jan. 29, 2021 Hearing Transcript, #26 Exhibit 26, Second Amended Notice of Deposition Pursuant to Rule 30(b)(6) of Pegasystems (under seal), #27 Exhibit 27, Pegasystems Second Amended Initial Disclosures (under seal), #28 Exhibit 28, Patrick Dwyer Deposition Transcript, #29 Exhibit 29, Exhibit 1 from the Deposition of Partick Dwyer, #30 Exhibit 30, Exhibit 1 from the Deposition of Leon Trefler, #31 Exhibit 31, July 7, 2021 Letter (under seal), #32 Exhibit 32, PEGA00071376 (under seal), #33 Exhibit 33, PEGA00071305 (under seal), #34 Exhibit 34, PEGA00071210 (under seal), #35 Exhibit 35, PEGA00071174 (under seal), #36 Exhibit 36, June 22, 2021 Letter (under seal), #37 Exhibit 37, July 12, 2021 Letter (under seal), #38 Exhibit 38, July 19, 2021 Letter (under seal), #39 Exhibit 39, Robert Spencer Deposition Transcript (under seal), #40 Exhibit 40, Mark Ryan Deposition Transcript (under seal), #41 Exhibit 41, June 3, 2021 Letter (under seal), #42 Exhibit 42, APPN00006685 (under seal), #43 Exhibit 43, APPN00007285 (under seal), #44 Exhibit 44, Rebecca Kirk Fair Deposition Transcript (under seal), #45 Exhibit 45, Expert Report of Rebecca Kirk Fair (under seal), #46 Exhibit 46, Excerpts from Tom Bachmann Deposition Transcript, #47 Exhibit 47, APPN00000824 (under seal), #48 Exhibit 48, APPN00022544 (under seal), #49 Exhibit 49, APPN00011177 (under seal), #50 Exhibit 50, APPN00010584 (under seal), #51 Exhibit 51, APPN00010581 (under seal), #52 Exhibit 52, APPN00022531 (under seal), #53 Exhibit 53, APPN00022511 (under seal), #54 Exhibit 54, APPN00008432 (under seal), #55 Exhibit 55, Expert Report of Dr. Keri Pearlson (under seal), #56 Exhibit 56, Pegasystems Responses to Appians First Set of Interrogatories (under seal), #57 Exhibit 57, PEGA00000043 (under seal), #58 Exhibit 58, PEGA00000041 (under seal), #59 Exhibit 59, PEGA00000045 (under seal), #60 Exhibit 60, PEGA00083709 (under seal), #61 Exhibit 61, PEGA00083227 (under seal), #62 Exhibit 62, PEGA00071222 (under seal), #63 Exhibit 63, PEGA00071078 (under seal), #64 Exhibit 64, PEGA00071087 (under seal), #65 Exhibit 65, PEGA00071029 (under seal), #66 Exhibit 66, APPN00020283 (under seal), #67 Exhibit 67, APPN00021409 (under seal), #68 Exhibit 68, PEGA00083288 (under seal), #69 Exhibit 69, PEGA00092161 (under seal))(Mangi, Adeel) (Attachment 2 replaced on 4/21/2022) (Vieira, Leonardo). (Attachment 3 replaced on 4/21/2022) (Vieira, Leonardo). (Attachment 4 replaced on 4/21/2022) (Vieira, Leonardo). (Attachment 5 replaced on 4/21/2022) (Vieira, Leonardo). (Attachment 6 replaced on 4/21/2022) (Vieira, Leonardo). (Attachment 7 replaced on 4/21/2022) (Vieira, Leonardo). (Attachment 8 replaced on 4/21/2022) (Vieira, Leonardo). (Attachment 10 replaced on 4/21/2022) (Vieira, Leonardo). (Attachment 11 replaced on 4/21/2022) (Vieira, Leonardo). (Attachment 14 replaced on 4/21/2022) (Vieira, Leonardo). (Attachment 16 replaced on 4/21/2022) (Vieira, Leonardo). (Attachment 17 replaced on 4/21/2022) (Vieira, Leonardo). (Attachment 22 replaced on 4/21/2022) (Vieira, Leonardo). (Attachment 23 replaced on 4/21/2022) (Vieira, Leonardo). (Attachment 24 replaced on 4/21/2022) (Vieira, Leonardo). (Attachment 26 replaced on 4/21/2022) (Vieira, Leonardo). (Attachment 27 replaced on 4/21/2022) (Vieira, Leonardo). (Attachment 28 replaced on 4/21/2022) (Vieira, Leonardo). (Attachment 31 replaced on 4/21/2022) (Vieira, Leonardo). (Attachment 32 replaced on 4/21/2022) (Vieira, Leonardo). (Attachment 33 replaced on 4/21/2022) (Vieira, Leonardo). (Attachment 34 replaced on 4/21/2022) (Vieira, Leonardo). (Attachment 35 replaced on 4/21/2022) (Vieira, Leonardo). (Attachment 36 replaced on 4/21/2022) (Vieira, Leonardo). (Attachment 37 replaced on 4/21/2022) (Vieira, Leonardo). (Attachment 38 replaced on 4/21/2022) (Vieira, Leonardo). (Attachment 39 replaced on 4/21/2022) (Vieira, Leonardo). (Attachment 40 replaced on 4/21/2022) (Vieira, Leonardo). (Attachment 41 replaced on 4/21/2022) (Vieira, Leonardo). (Attachment 42 replaced on 4/21/2022) (Vieira, Leonardo). (Attachment 43 replaced on 4/21/2022) (Vieira, Leonardo). (Attachment 44 replaced on 4/21/2022) (Vieira, Leonardo). (Attachment 45 replaced on 4/21/2022) (Vieira, Leonardo). (Attachment 47 replaced on 4/21/2022) (Vieira, Leonardo). (Attachment 48 replaced on 4/21/2022) (Vieira, Leonardo). (Attachment 49 replaced on 4/21/2022) (Vieira, Leonardo). (Attachment 50 replaced on 4/21/2022) (Vieira, Leonardo). (Attachment 51 replaced on 4/21/2022) (Vieira, Leonardo). (Attachment 52 replaced on 4/21/2022) (Vieira, Leonardo). (Attachment 53 replaced on 4/21/2022) (Vieira, Leonardo). (Attachment 54 replaced on 4/21/2022) (Vieira, Leonardo). (Attachment 55 replaced on 4/21/2022) (Vieira, Leonardo). (Attachment 56 replaced on 4/21/2022) (Vieira, Leonardo). (Attachment 57 replaced on 4/21/2022) (Vieira, Leonardo). (Attachment 58 replaced on 4/21/2022) (Vieira, Leonardo). (Attachment 59 replaced on 4/21/2022) (Vieira, Leonardo). (Attachment 60 replaced on 4/21/2022) (Vieira, Leonardo). (Attachment 61 replaced on 4/21/2022) (Vieira, Leonardo). (Attachment 62 replaced on 4/21/2022) (Vieira, Leonardo). (Attachment 63 replaced on 4/21/2022) (Vieira, Leonardo). (Attachment 64 replaced on 4/21/2022) (Vieira, Leonardo). (Attachment 65 replaced on 4/21/2022) (Vieira, Leonardo). (Attachment 66 replaced on 4/21/2022) (Vieira, Leonardo). (Attachment 67 replaced on 4/21/2022) (Vieira, Leonardo). (Attachment 68 replaced on 4/21/2022) (Vieira, Leonardo). (Attachment 69 replaced on 4/21/2022) (Vieira, Leonardo). |
| Filing 577 DECLARATION re #576 Consent MOTION to Seal Document #574 Memorandum in Support of Motion, #575 Statement of Material Facts L.R. 56.1,,,,,,,,,,, / Pegasystems' Consent Motion to File its Motion for Summary Judgment Partially Under Seal by Pegasystems Inc.. (Patel, Mital) |
| Filing 576 Consent MOTION to Seal Document #574 Memorandum in Support of Motion, #575 Statement of Material Facts L.R. 56.1,,,,,,,,,,, / Pegasystems' Consent Motion to File its Motion for Summary Judgment Partially Under Seal by Pegasystems Inc..(Patel, Mital) |
| Filing 575 Statement of Material Facts L.R. 56.1 re #573 MOTION for Summary Judgment / Pegasystems' Motion for Partial Summary Judgment on its Claims and Summary Judgment on Appian's Counterclaims filed by Pegasystems Inc. (Attachments: #1 Exhibit 1 - Filed Under Seal, #2 Exhibit 2 - Excerpts of Deposition of A Oliver, #3 Exhibit 3 - Excerpts of Deposition of T Libretto, #4 Exhibit 4 - Excerpts of Deposition of C Siemer, #5 Exhibit 5 - Excerpts of Deposition of T Buff, #6 Exhibit 6 - bpm.com Report, #7 Exhibit 7 - Filed Under Seal, #8 Exhibit 8 - Excerpts of Deposition of J Troxell, #9 Exhibit 9 - Excerpts of Deposition of R Gates, #10 Exhibit 10 - Filed Under Seal, #11 Exhibit 11 - Excerpts of Deposition of N Palmer, #12 Exhibit 12 - Filed Under Seal, #13 Exhibit 13 - Excerpts of Deposition of M Ross, #14 Exhibit 14-17 - Filed Under Seal, #15 Exhibit 18 - bpm.com Market Study, #16 Exhibit 19-28 - Filed Under Seal, #17 Exhibit 29 - Declaration of E Kouninis, #18 Exhibit 30-44 - Filed Under Seal, #19 Exhibit 45 - Excerpts of Deposition of R Harrison, #20 Exhibit 46-55 - Filed Under Seal, #21 Exhibit 56 - J Sinur Paper, #22 Exhibit 57-59 - Filed Under Seal, #23 Exhibit 60 - Excerpts of Deposition of M Caton, #24 Exhibit 61-74 - Filed Under Seal, #25 Exhibit 75 - Email, dated October 11, 2013, #26 Exhibit 76 - Testimony of E Epstein, #27 Exhibit 77 - Filed Under Seal, #28 Exhibit 78 - Excerpts of Deposition of R Baldwin, #29 Exhibit 79 - Files Contained in Leons Briefcase.zip, #30 Exhibit 80-81 - Filed Under Seal, #31 Exhibit 82 - Excerpts of Deposition of D Conte, #32 Exhibit 83 - Excerpts of Deposition of J Sinur, #33 Exhibit 84 - Excerpts of Deposition of J Petronio, #34 Exhibit 85 - Excerpts of Deposition of M Ross, #35 Exhibit 86 - Excerpts of Deposition of C Thorpe, #36 Exhibit 87-92 - Filed Under Seal, #37 Exhibit 93 - Definition of Many, #38 Exhibit 94 - Filed Under Seal, #39 Exhibit 95 - Appian Webpage, #40 Exhibit 96 - Filed Under Seal, #41 Exhibit 97 - Definition of Lack, #42 Exhibit 98 - Excerpts of VA Trial Transcript, #43 Exhibit 99-102 - Filed Under Seal, #44 Exhibit 103 - Email, dated January 16, 2014, #45 Exhibit 104-105 - Filed Under Seal, #46 Exhibit 106 - Email, dated December 3, 2012, #47 Exhibit 107-117 - Filed Under Seal, #48 Exhibit 118 - Excerpts of Deposition of M Adams, #49 Exhibit 119-125 - Filed Under Seal, #50 Exhibit 126 - Email, dated January 15, 2016, #51 Exhibit 127-135 - Filed Under Seal, #52 Exhibit 136 - Universal Hub Post, #53 Exhibit 137-143 - Filed Under Seal, #54 Exhibit 144 - Appian's Amended Objections to Y Zou's First Set of Interrogatories)(Austin, Kristopher) (Additional attachment(s) added on 4/21/2022: #55 STATEMENT OF UNDISPUTED MATERIAL FACTS IN SUPPORT OF PEGASYSTEMS MOTION FOR SUMMARY JUDGMENT) (Vieira, Leonardo). (Additional attachment(s) added on 4/21/2022: #56 Exhibit 1, #57 Exhibit 4, #58 Exhibit 5, #59 Exhibit 7, #60 8, #61 Exhibit 9, #62 Exhibit 10, #63 Exhibit 11, #64 Exhibit 12, #65 Exhibit 13, #66 Exhibit 14, #67 Exhibit 15, #68 Exhibit 16, #69 Exhibit 17, #70 Exhibit 19, #71 Exhibit 20, #72 Exhibit 21, #73 Exhibit 22, #74 Exhibit 23, #75 Exhibit 24, #76 Exhibit 25, #77 Exhibit 26, #78 Exhibit 27, #79 Exhibit 28, #80 Exhibit 29, #81 Exhibit 30, #82 Exhibit 31, #83 Exhibit 32, #84 Exhibit 33) (Vieira, Leonardo). (Additional attachment(s) added on 4/21/2022: #85 Exhibit 34-50) (Vieira, Leonardo). (Attachment 85 replaced on 4/21/2022) (Vieira, Leonardo). (Additional attachment(s) added on 4/21/2022: #86 Exhibit 51-55,57-63) (Vieira, Leonardo). (Additional attachment(s) added on 4/21/2022: #87 Exhibit 64-70) (Vieira, Leonardo). (Additional attachment(s) added on 4/21/2022: #88 Exhibit 71-74,77,80) (Vieira, Leonardo). (Additional attachment(s) added on 4/21/2022: #89 Exhibit 81,83-90) (Vieira, Leonardo). (Additional attachment(s) added on 4/21/2022: #90 Exhibit 91,92,94,96,99,100,101,102,104,105) (Vieira, Leonardo). (Additional attachment(s) added on 4/21/2022: #91 Exhibit 107-120, #93 Exhibit 121-125,127-130) (Vieira, Leonardo). (Additional attachment(s) added on 4/21/2022: #94 Exhibit 131-132, #95 Exhibit 133-135, #96 Exhibit 137-143) (Vieira, Leonardo). |
| Filing 574 MEMORANDUM in Support re #573 MOTION for Summary Judgment / Pegasystems' Motion for Partial Summary Judgment on its Claims and Summary Judgment on Appian's Counterclaims filed by Pegasystems Inc.. (Austin, Kristopher) (Additional attachment(s) added on 4/21/2022: #1 MEMORANDUM in Support) (Vieira, Leonardo). |
| Filing 573 MOTION for Summary Judgment / Pegasystems' Motion for Partial Summary Judgment on its Claims and Summary Judgment on Appian's Counterclaims by Pegasystems Inc..(Austin, Kristopher) |
| Filing 572 Statement of Material Facts L.R. 56.1 re #570 MOTION for Summary Judgment (Filed Under Seal) filed by Appian Corporation. (Mangi, Adeel) (Additional attachment(s) added on 4/21/2022: #1 Statement of Material Facts L.R. 56.1 re 570 MOTION for Summary Judgment) (Vieira, Leonardo). |
| Filing 571 MEMORANDUM in Support re #570 MOTION for Summary Judgment filed by Appian Corporation. (Mangi, Adeel) (Additional attachment(s) added on 4/21/2022: #1 Memorandum of law in support of Appian Corporation's Motion for summary judgment) (Vieira, Leonardo). |
| Filing 570 MOTION for Summary Judgment by Appian Corporation.(Mangi, Adeel) |
| Filing 569 Magistrate Judge M. Page Kelley: ELECTRONIC ORDER entered ALLOWING #568 Motion for Leave to File Excess Pages ; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Vieira, Leonardo) |
| Filing 568 Joint MOTION for Leave to File Excess Pages for Parties' Summary Judgment Briefing by Pegasystems Inc..(Patel, Mital) |
| Filing 567 Magistrate Judge M. Page Kelley: ELECTRONIC ORDER entered granting #566 Motion for Leave to Appear Pro Hac Vice Added Steven A. Zalesin. Attorneys admitted Pro Hac Vice must have an individual PACER account, not a shared firm account, to electronically file in the District of Massachusetts. To register for a PACER account, go the Pacer website at # https://pacer.uscourts.gov/register-account.Pro Hac Vice Admission Request Instructions # https://www.mad.uscourts.gov/caseinfo/nextgen-pro-hac-vice.htm.A Notice of Appearance must be entered on the docket by the newly admitted attorney. (Vieira, Leonardo) |
| Filing 566 MOTION for Leave to Appear Pro Hac Vice for admission of Steven A. Zalesin Filing fee: $ 100, receipt number AMADC-9220338 by Appian Corporation. (Attachments: #1 Exhibit)(Madden, Timothy) |
| Filing 565 NOTICE of Appearance by James M Gross on behalf of Pegasystems Inc. (Gross, James) |
| Filing 564 Magistrate Judge M. Page Kelley: ELECTRONIC ORDER entered ALLOWING #563 Motion for Leave to Appear Pro Hac Vice Added James M. Gross. Attorneys admitted Pro Hac Vice must have an individual PACER account, not a shared firm account, to electronically file in the District of Massachusetts. To register for a PACER account, go the Pacer website at # https://pacer.uscourts.gov/register-account.Pro Hac Vice Admission Request Instructions # https://www.mad.uscourts.gov/caseinfo/nextgen-pro-hac-vice.htm.A Notice of Appearance must be entered on the docket by the newly admitted attorney. (Vieira, Leonardo) |
| Filing 563 Assented to MOTION for Leave to Appear Pro Hac Vice for admission of James M. Gross Filing fee: $ 100, receipt number AMADC-9183204 by Pegasystems Inc..(Austin, Kristopher) |
| Filing 562 Magistrate Judge M. Page Kelley: ELECTRONIC ORDER entered denying #540 Pegasystems' Motion to Amend Protective Order and to Compel Appian to Disclose the Extent of the Overlap Between the Massachusetts and Virginia Actions. The court held a hearing on this motion on January 21, 2022 # 556 after which it ordered the parties to confer and report back to the court. The parties filed a joint status report #558 informing the court that they were not able to agree on a resolution. Pegasystems wants this court to allow the parties to share with their respective outside counsel in the Virginia Action any deposition transcripts and associated exhibits from depositions taken in this action of any current or former employees of the other party who is identified on the witness list in either the plea-in-bar or the merits trial in the Virginia Action. (#558 at 2.) This is a last-minute about-face from Pegasystems' steadfast insistence over the entire course of this matter that the two actions should remain separate, with no mingling of discovery. Pegasystems has made the same motion in the Virginia Action. The court finds that the Virginia court is in the best position to decide the issue. If the Virginia court allows Pegasystems' motion in that case, this court will deem such order not to be a violation of the protective order in this case. Pegasystems' further motion to compel Appian to disclose whether there are any statements in the Challenged Materials in this case which Appian contends in the Virginia case are trade secrets, #540 , is denied without prejudice. The Virginia trial is public and such information presumably will become apparent during the trial and will become a matter of public record. (Lovett, Jarrett) |
| Filing 559 Letter/request (non-motion) from Adeel A. Mangi re: Supplement to Previously Filed Joint Status Report #558 . (Mangi, Adeel) |
| Filing 558 JOINT STATEMENT of counsel in response to D.E. #556. (Austin, Kristopher) |
| Filing 561 NOTICE is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above-captioned matter. Counsel are referred to the Court's Transcript Redaction Policy, available on the court website at #http://www.mad.uscourts.gov/attorneys/general-info.htm (Coppola, Katelyn) |
| Filing 560 Transcript of Motion Hearing held on January 21, 2022, before Chief Magistrate Judge M. Page Kelley. The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Court Reporter Name and Contact Information: Alice Moran at alice.moran@verizon.net. Redaction Request due 2/15/2022. Redacted Transcript Deadline set for 2/25/2022. Release of Transcript Restriction set for 4/25/2022. (Coppola, Katelyn) |
| Filing 557 NOTICE of Appearance by Karl Fisher on behalf of Business Process Management, Inc. (Fisher, Karl) |
| Filing 556 Electronic Clerk's Notes for proceedings held before Magistrate Judge M. Page Kelley: Motion Hearing held on 1/21/2022 by video. Court has hearing on #540 , Pegasystems' motion to amend protective order and compel extent of overlap between Massachusetts and Virginia actions. The court hears argument from the parties and orders them to confer further. No later than Wednesday, January 26, 2022, the parties shall file a joint status report stating whether they have been able to resolve the issues raised in the motion and what if any disputes remain.Status Report due by 1/26/2022. (Court Reporter: Alice Moran alice.moran@verizon.net.)(Attorneys present: Austin, Knobler, Magee) (Vieira, Leonardo) |
| Filing 555 ELECTRONIC NOTICE Setting Hearing on Motion #540 MOTION to Amend #99 Protective Order and MOTION to Compel Appian to disclose extent of overlap between Massachusetts and Virginia actions : This hearing will be conducted by video conference. Counsel of record will receive a video conference invite at the email registered in CM/ECF. If you have technical or compatibility issues with the technology, please notify the session's courtroom deputy as soon as possible.Access to the hearing will be made available to the media and public. In order to gain access to the hearing, you must sign up at the following address: #https://forms.mad.uscourts.gov/courtlist.html. For questions regarding access to hearings, you may refer to the Court's general orders and public notices available on #www.mad.uscourts.gov or contact media@mad.uscourts.gov. Motion Hearing set for 1/21/2022 10:00 AM in Courtroom 24 (Remote only) before Magistrate Judge M. Page Kelley. (Vieira, Leonardo) |
| Filing 554 Magistrate Judge M. Page Kelley: ELECTRONIC ORDER entered ALLOWING #552 Motion to Withdraw as Attorney. Attorney Richard G. Baldwin terminated (Vieira, Leonardo) |
| Filing 553 Magistrate Judge M. Page Kelley: ELECTRONIC ORDER entered granting #551 Appian's Unopposed Motion to File Under Seal Certain Documents Submitted in Support of Its Opposition to Pegasystems' Motion to Compel and to Modify Protective Order. (Ferguson, Kerry) |
| Filing 552 Assented to MOTION to Withdraw as Attorney by Plaintiff's Counsel Richard G. Baldwin by Pegasystems Inc..(Baldwin, Richard) |
| Filing 551 Consent MOTION to Seal Exhibits in Opposition Brief by Appian Corporation. (Attachments: #1 Declaration of Adeel A. Mangi)(Mangi, Adeel) |
| Filing 550 AFFIDAVIT of Adeel A. Mangi in Opposition re #540 MOTION to Amend #99 Protective Order and MOTION to Compel Appian to disclose extent of overlap between Massachusetts and Virginia actions filed by Appian Corporation. (Attachments: #1 Exhibit 1, 2021-11-04 Virginia First Am. Complaint, #2 Exhibit 2, (FILED UNDER SEAL), #3 Exhibit 3, 2020-10-07 Virginia Amended Stipulated Protective Order, #4 Exhibit 4, 2020-07-28 Ex A to Stipulated Protective Order -ATrefler Signed, #5 Exhibit 5, 2021-08-26 Letter from Horvath to Mangi re VA PHVs, #6 Exhibit 6, 2021-08-27 Virginia Pro Hac Vice Motion Hearing Transcript, #7 Exhibit 7, 2021-09-03 Letter from Horvath to Mangi re VA PHVs, #8 Exhibit 8, 2020-12-30 Second Set of RFPs to Pega, #9 Exhibit 9, 2021-01-29 Pega Responses to Second Set of RFPs, #10 Exhibit 10, 2021-11-12 Pega's 30(b)(6) Notice to Appian, #11 Exhibit 11, 2021-11-29 Letter from Knobler to Kinsley re Appian 30(b)(6), #12 Exhibit 12, 2021-11-16 to 12-30 Email Communications Re Pegasystems v. Appian - 30(b)(6) Depo, #13 Exhibit 13, (FILED UNDER SEAL), #14 Exhibit 14, 2021-12-31 Email from J. Wilusz to A. Mangi et al, #15 Exhibit 15, 2021-12-29 Email from D. Magee)(Mangi, Adeel) (Attachment 2 replaced on 1/14/2022) (Vieira, Leonardo). (Attachment 13 replaced on 1/14/2022) (Vieira, Leonardo). |
| Filing 549 MEMORANDUM in Opposition re #540 MOTION to Amend #99 Protective Order and MOTION to Compel Appian to disclose extent of overlap between Massachusetts and Virginia actions filed by Appian Corporation. (Mangi, Adeel) |
| Filing 546 Set Deadlines: Discovery to be completed by 4/1/2022, Summary Judgment motions due by 4/15/2022. The dates as proposed by the parties in the motion are adopted. (Vieira, Leonardo) |
| Filing 545 Magistrate Judge M. Page Kelley: ELECTRONIC ORDER entered ALLOWING #543 Motion to Amend (Vieira, Leonardo) |
| Filing 544 Magistrate Judge M. Page Kelley: ELECTRONIC ORDER entered ALLOWING #539 Motion for Leave to Appear Pro Hac Vice Added Jason Vitullo. Attorneys admitted Pro Hac Vice must have an individual PACER account, not a shared firm account, to electronically file in the District of Massachusetts. To register for a PACER account, go the Pacer website at # https://pacer.uscourts.gov/register-account.Pro Hac Vice Admission Request Instructions # https://www.mad.uscourts.gov/caseinfo/nextgen-pro-hac-vice.htm.A Notice of Appearance must be entered on the docket by the newly admitted attorney. (Vieira, Leonardo) |
| Filing 543 Joint MOTION to Amend Case Schedule by Appian Corporation.(Mangi, Adeel) |
| Filing 548 NOTICE is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above-captioned matter. Counsel are referred to the Court's Transcript Redaction Policy, available on the court website at #http://www.mad.uscourts.gov/attorneys/general-info.htm (Coppola, Katelyn) |
| Filing 547 Transcript of Motion Hearing held on December 16, 2021, before Chief Magistrate Judge M. Page Kelley. The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Court Reporter Name and Contact Information: Marianne Kusa-Ryll at justicehill@aol.com. Redaction Request due 1/20/2022. Redacted Transcript Deadline set for 1/31/2022. Release of Transcript Restriction set for 3/30/2022. (Coppola, Katelyn) |
| Filing 542 AFFIDAVIT of A. Horvath in Support re #540 MOTION to Amend #99 Protective Order and MOTION to Compel Appian to disclose extent of overlap between Massachusetts and Virginia actions filed by Pegasystems Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Horvath, August) |
| Filing 541 MEMORANDUM in Support re #540 MOTION to Amend #99 Protective Order and MOTION to Compel Appian to disclose extent of overlap between Massachusetts and Virginia actions filed by Pegasystems Inc.. (Horvath, August) |
| Filing 540 MOTION to Amend #99 Protective Order and, MOTION to Compel Appian to disclose extent of overlap between Massachusetts and Virginia actions ( Responses due by 1/13/2022) by Pegasystems Inc..(Horvath, August) |
| Filing 539 MOTION for Leave to Appear Pro Hac Vice for admission of Jason Vitullo Filing fee: $ 100, receipt number AMADC-9116140 by Appian Corporation. (Attachments: #1 Exhibit Certification)(Madden, Timothy) |
| Filing 538 Magistrate Judge M. Page Kelley: ELECTRONIC ORDER entered ALLOWING #534 Motion to Seal Document #534 Assented to MOTION to Seal Document #533 Affidavit in Opposition to Motion, #532 Sur-Reply to Motion, (Vieira, Leonardo) |
| Filing 537 Magistrate Judge M. Page Kelley: ELECTRONIC ORDER entered ALLOWING in part and DENYING in part #515 Motion to Compel (Vieira, Leonardo) |
| Filing 536 Electronic Clerk's Notes for proceedings held before Magistrate Judge M. Page Kelley: Motion Hearing held on 12/16/2021 by video. #515 , Appian's motion to compel production of revenue data for competitive opportunities, is allowed in part and denied in part. On September 24, 2021, the court ordered the parties to identify and produce revenue data for business deals for which they directly competed. #472 . Several months later, the parties are before the court again, as they have not been able to agree on how to accomplish the court's directive. Appian wants the parties to rely on their computerized business databases for tracking competitive opportunities to determine whether a project was one for which they directly competed. Pegasystems responds that its database is unreliable and is based on the guesswork of sales representatives, who did not necessarily actually know whether Appian was competing for a certain opportunity. Appian wants the court to find that if a party contemporaneously identified the opposing party as a competitor for a project in its computerized business database, that should be enough to trigger the exchange of revenue data. The court rejects this reasoning. The court finds that it is Appian's records, not Pegasystems', that are key to determining for which projects Appian was competing. After hearing argument from the parties and carefully considering the briefing on this matter, the court finds as follows. The parties will simultaneously exchange lists of projects won and projects lost from March 2012 to the end of 2020. The lists of projects divulged to the other side shall be limited to projects where the disclosing party identifies the other party as a competitor. The lists of projects shall not be limited to, but shall include projects where each party's computerized business database for tracking competitive opportunities indicates that the other party was a competitor. If one party has reason to believe that the other party may not have been a competitor for a particular project, even though that party's own records state that the other side was a competitor, then the other party shall be required to produce evidence that it was, in fact, a competitor for that project. Revenue data will be produced for any project that is on one party's won list and the other party's lost list, with the exception of projects where one party's records indicate that the other side was a competitor, but the other side has not been able to produce evidence that it was a competitor for that project. The won and loss records shall be produced by the parties by December 31, 2021. Revenue data shall be produced by January 14, 2022. (Court Reporter: Marianne Kusa-Ryll at justicehill@aol.com.)(Attorneys present: Baldwin, Mangi) (Vieira, Leonardo) |
| Filing 534 Assented to MOTION to Seal Document #533 Affidavit in Opposition to Motion, #532 Sur-Reply to Motion, by Pegasystems Inc.. (Attachments: #1 Affidavit)(Baldwin, Richard) |
| Filing 533 AFFIDAVIT in Opposition re #515 MOTION to Compel to Enforce Compliance with the Court's September 27, 2021 Order and Compel Pegasystems Inc. to Produce Revenue Data for Competitive Opportunities filed by Pegasystems Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Baldwin, Richard) |
| Filing 532 SUR-REPLY to Motion re #515 MOTION to Compel to Enforce Compliance with the Court's September 27, 2021 Order and Compel Pegasystems Inc. to Produce Revenue Data for Competitive Opportunities Leave to File Granted on 12/13/2021 filed by Pegasystems Inc.. (Baldwin, Richard) |
| Filing 531 ELECTRONIC NOTICE Setting Hearing on Motion #515 MOTION to Compel to Enforce Compliance with the Court's September 27, 2021 Order and Compel Pegasystems Inc. to Produce Revenue Data for Competitive Opportunities : This hearing will be conducted by video conference. Counsel of record will receive a video conference invite at the email registered in CM/ECF. If you have technical or compatibility issues with the technology, please notify the session's courtroom deputy as soon as possible.Access to the hearing will be made available to the media and public. In order to gain access to the hearing, you must sign up at the following address: #https://forms.mad.uscourts.gov/courtlist.html. For questions regarding access to hearings, you may refer to the Court's general orders and public notices available on #www.mad.uscourts.gov or contact media@mad.uscourts.gov. Motion Hearing set for 12/16/2021 12:00 PM in Courtroom 24 (Remote only) before Magistrate Judge M. Page Kelley. (Vieira, Leonardo) |
| Filing 530 Magistrate Judge M. Page Kelley: ELECTRONIC ORDER entered ALLOWING #528 Motion for Leave to File Document ; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document.; ALLOWING #529 Motion to Seal. Counsel will receive an email within twenty-four (24) hours of this order with instructions for submitting sealed documents for which leave has been granted in accordance with the Local Rules of the U.S. District Court of Massachusetts. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Vieira, Leonardo) |
| Filing 529 Assented to MOTION to Seal Motion For Leave to File Sur-Reply by Pegasystems Inc.. (Attachments: #1 Affidavit Baldwin Declaration)(Baldwin, Richard) |
| Filing 528 Assented to MOTION for Leave to File Sur-Reply by Pegasystems Inc.. (Attachments: #1 Exhibit Proposed Sur-Reply)(Baldwin, Richard) |
| Filing 527 REPLY to Response to #515 MOTION to Compel to Enforce Compliance with the Court's September 27, 2021 Order and Compel Pegasystems Inc. to Produce Revenue Data for Competitive Opportunities filed by Appian Corporation. (Attachments: #1 Declaration of Michael Sochynsky, #2 Exhibit 1 to the Declaration of Michael Sochynsky)(Mangi, Adeel) |
| Filing 526 Magistrate Judge M. Page Kelley: ELECTRONIC ORDER entered ALLOWING #525 Motion for Leave to File Document ; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Vieira, Leonardo) |
| Filing 525 MOTION for Leave to File Reply in Support of Appian's Motion to Enforce Compliance with the Court's September 27, 2021 Order and Compel Pegasystems Inc. to Produce Revenue Data for Competitive Opportunities #515 by Appian Corporation. (Attachments: #1 Exhibit A, Proposed Reply Brief, #2 Exhibit B, Proposed Reply Declaration of Michael Sochynsky)(Mangi, Adeel) |
| Filing 524 AFFIDAVIT in Opposition re #515 MOTION to Compel to Enforce Compliance with the Court's September 27, 2021 Order and Compel Pegasystems Inc. to Produce Revenue Data for Competitive Opportunities filed by Pegasystems Inc.. (Attachments: #1 Exhibit 1)(Baldwin, Richard) |
| Filing 523 Opposition re #515 MOTION to Compel to Enforce Compliance with the Court's September 27, 2021 Order and Compel Pegasystems Inc. to Produce Revenue Data for Competitive Opportunities filed by Pegasystems Inc.. (Baldwin, Richard) |
| Filing 522 Magistrate Judge M. Page Kelley: ELECTRONIC ORDER entered: Having reviewed Pegasystems' proposed redactions to the court's recent memorandum and orders 466 , 474 , as well as Appian's objections, the court will docket a public version of the orders reflecting Pegasystems' proposed redactions. The redactions are consistent with the fact that materials referenced in the orders remain under seal. See #335 , #471 . Further, because the court denied Appian's motion to unseal its amended counterclaim without prejudice #471 , the court may later revisit its ruling regarding these redactions if necessary.(Vieira, Leonardo) |
| Filing 521 Magistrate Judge M. Page Kelley: REDACTED ORDER entered: re #413 MOTION to Compel Discovery Related to its Amended Counterclaim filed by Appian Corporation. For the reasons stated above, Appian's motion to compel discovery related to its amended counterclaim #413 is ALLOWED in part and DENIED in part. The parties are ordered to confer further in accordance with the directives of this order. (Vieira, Leonardo) |
| Filing 520 Magistrate Judge M. Page Kelley: REDACTED Report and Recommendation on Pegasystems' entered: re #339 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM APPIAN'S AMENDED COUNTERCLAIMS filed by Pegasystems Inc. For the reasons stated above, the court recommends that Pegasystems' motion to dismiss Appian's amended counterclaims, #339 , be ALLOWED IN PART and DENIED IN PART. The court recommends that the motion be ALLOWED with regard to claims pertaining to the Business Competitive Brief. The court recommends that the motion otherwise be DENIED. (Vieira, Leonardo) |
| Filing 519 Magistrate Judge M. Page Kelley: ELECTRONIC ORDER entered granting #518 Appian Corporation's Unopposed Motion to File Under Seal Certain Documents Submitted in Support of its Motion to Enforce Compliance with the Court's September 27, 2021 Order and to Compel Pegasystems Inc. to Produce Revenue Data for Competitive Opportunities. (Ferguson, Kerry) |
| Filing 518 Consent MOTION to Seal by Appian Corporation. (Attachments: #1 Declaration of Adeel A. Mangi)(Mangi, Adeel) |
| Filing 517 AFFIDAVIT of Adeel A. Mangi in Support re #515 MOTION to Compel to Enforce Compliance with the Court's September 27, 2021 Order and Compel Pegasystems Inc. to Produce Revenue Data for Competitive Opportunities filed by Appian Corporation. (Attachments: #1 Exhibit 1, 2021.10.11 Letter from Sochynsky to Kinsley re Discovery Issues, #2 Exhibit 2, Appian motion 11-4-21_F, #3 Exhibit 3, 2021-11-08 Consent Order Granting Pl's MTC Pega to Answer Interrogatory No. 17, #4 Exhibit 4, 2021.10.21 Letter from Sochynsky to Patel and Kinsley re Discovery Issues, #5 Exhibit 5, 2021.10.25 Email, #6 Exhibit 6, 2021.10.27 Email, #7 Exhibit 7, 2021.11.2 Email, #8 Exhibit 8, 2021.11.11 Email, #9 Exhibit 9, 2021.07.21 - Pega_Amended_Response_to_Rog_20, #10 Exhibit 10, 2021.03.05 Letter from Kinsley to Sochynsky re Discovery)(Mangi, Adeel) (Attachment 1 replaced on 11/23/2021) (Vieira, Leonardo). (Attachment 9 replaced on 11/23/2021) (Vieira, Leonardo). (Attachment 10 replaced on 11/23/2021) (Vieira, Leonardo). |
| Filing 516 MEMORANDUM in Support re #515 MOTION to Compel to Enforce Compliance with the Court's September 27, 2021 Order and Compel Pegasystems Inc. to Produce Revenue Data for Competitive Opportunities filed by Appian Corporation. (Mangi, Adeel) |
| Filing 515 MOTION to Compel to Enforce Compliance with the Court's September 27, 2021 Order and Compel Pegasystems Inc. to Produce Revenue Data for Competitive Opportunities by Appian Corporation.(Mangi, Adeel) |
| Filing 514 Magistrate Judge M. Page Kelley: ELECTRONIC ORDER entered: The parties were ordered to file proposed redactions to six orders that were filed under seal. 467 , 475 , 478 , 487 , 489 , 492 . To date, the court has received the parties responses as to two orders. [466, 474 . By November 24, 2021, the parties are to notify the court of their proposed redactions, if any, to the remaining orders. See #477 , #486 , #488 , 491 . If no redactions are proposed, the parties are to notify the court of that fact on or before that date. By December 8, 2021, the parties are to notify the court of their objections, if any, to a partys proposed redactions on the remaining orders. If no objections exist, the parties are to notify the court of that fact on or before that date.(Vieira, Leonardo) |
| Filing 513 Magistrate Judge M. Page Kelley: ELECTRONIC ORDER entered: Appian's motion to compel Pegasystems to respond to Appian's interrogatory regarding revenue data for four customers #456 is allowed in part and denied in part. Appian first requests information sufficient to permit Appian to understand which customer projects gave rise to the revenue data that Pegasystems has produced. Appian argues that instead of producing an explanation of the projects, Pegasystems has only produced copies of the underlying contracts that are too heavily redacted to be of use. The court orders Pegasystems to produce information, either in the form of unredacted contracts, narrative explanations, or both, sufficient for Appian to link specific projects to specific revenue data. Second, Appian demands information from Pegasystems about all revenues that Pegasystems obtained from the four customers in question, not only with regard to projects where Appian was directly competing with Pegasystems for a project, but for all projects following the customers' exposure to Pegasystems' challenged advertising. Appian reasons that this information is relevant to damages because after being exposed to the challenged advertising, the four customers then refused to consider Appian for any subsequent projects. The court denies this request. Whether the customers might have continued to reject Appian for other projects based on their exposure to the challenged advertising is speculative, and would lead to a morass of disputes concerning whether Appian would have been a competitor for certain projects, whether it would have lost the bid for certain projects notwithstanding the allegedly false advertising, and so on. At this late stage in the litigation the court will limit discovery to those projects for which the parties directly competed. Finally, the court accepts Pegasystems' statement that it has completed its production of consulting revenue data that can be tied, through reasonable investigation, to projects that were subject to competition with Appian. (Vieira, Leonardo) |
| Filing 512 Pegasystems Inc.'s ANSWER to Appian Corp.'s Amended Counterclaims [Dkt. # 335] ANSWER to Complaint with Jury Demand by Pegasystems Inc..(Patel, Mital) |
| Filing 511 SUR-REPLY to Motion re #456 MOTION to Compel Pegasystems to Fully Respond to Appian's Interrogatory Regarding Revenue Data for Specific Customers filed by Pegasystems Inc.. (Kinsley, Nicole) |
| Filing 510 NOTICE is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above-captioned matter. Counsel are referred to the Court's Transcript Redaction Policy, available on the court website at #http://www.mad.uscourts.gov/attorneys/general-info.htm (Coppola, Katelyn) |
| Filing 509 REDACTED Transcript of Motion Hearing held on June 28, 2021, before Chief Magistrate Judge M. Page Kelley. The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Court Reporter Name and Contact Information: Linda Walsh at lwalshsteno@gmail.com. Redaction Request due 11/9/2021. Redacted Transcript Deadline set for 11/19/2021. Release of Transcript Restriction set for 1/18/2022. (Coppola, Katelyn) |
| Filing 508 REDACTED Transcript of Video Hearing held on May 11, 2021, before Chief Magistrate Judge M. Page Kelley. The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Court Reporter Name and Contact Information: Alice Moran at alice.moran@verizon.net. Redaction Request due 11/9/2021. Redacted Transcript Deadline set for 11/19/2021. Release of Transcript Restriction set for 1/18/2022. (Coppola, Katelyn) |
| Filing 507 Magistrate Judge M. Page Kelley: ELECTRONIC ORDER entered granting #505 Appian Corporation's Unopposed Motion to File Under Seal Its Reply Memorandum of Law in Support of Its Motion to Compel Pegasystems to Fully Respond to Appian's Interrogatory Regarding Revenue Data for Specific Customers. (Ferguson, Kerry) |
| Filing 506 AFFIDAVIT of Adeel A. Mangi in Support re #505 Consent MOTION to Seal Document #504 Reply to Response to Motion requesting to seal portions of Reply Memorandum of Law filed by Appian Corporation. (Mangi, Adeel) |
| Filing 505 Consent MOTION to Seal Document #504 Reply to Response to Motion requesting to seal portions of Reply Memorandum of Law by Appian Corporation.(Mangi, Adeel) |
| Filing 504 REPLY to Response to #456 MOTION to Compel Pegasystems to Fully Respond to Appian's Interrogatory Regarding Revenue Data for Specific Customers filed by Appian Corporation. (Mangi, Adeel) (Additional attachment(s) added on 10/18/2021: #1 Reply Memorandum) (Vieira, Leonardo). |
| Filing 500 Magistrate Judge M. Page Kelley: ELECTRONIC ORDER entered granting #498 Appian Corporation's Motion for Leave to File Reply in Support of #456 Motion to Compel Pegasystems to Fully Respond to Appian's Interrogatory Regarding Revenue Data for Specific Customers. Appian may file a reply, not to exceed 7 pages in length, no later than October 15, 2021. Pegasystems may file a sur-reply, not to exceed 7 pages in length, no later than October 22, 2021. (Ferguson, Kerry) |
| Filing 499 Magistrate Judge M. Page Kelley: ELECTRONIC ORDER entered denying #444 Pegasystems' Motion for Protective Order Preventing Appian from Using Third-Party Subpoena as moot in light of #497 Joint Status Report. (Ferguson, Kerry) |
| Filing 503 Judge Patti B. Saris: ENDORSED ORDER entered DENIED re #494 Objection filed by Pegasystems Inc. (Geraldino-Karasek, Clarilde) |
| Filing 502 Judge Patti B. Saris: ENDORSED ORDER entered re #493 Objection filed by Pegasystems Inc. "After a review of the objections the Court adopts the Report and Recommendations. The Motion to Dismiss #339 is denied except with respect to the Business Competitive Brief."(Geraldino-Karasek, Clarilde) |
| Filing 498 MOTION for Leave to File a Reply in Support of Motion to Compel Pegasystems to Fully Respond to Appian's Interrogatory Regarding Revenue Data for Specific Customers by Appian Corporation.(Mangi, Adeel) |
| Filing 497 STATUS REPORT filed Jointly by Appian Corporation. (Mangi, Adeel) |
| Filing 496 Magistrate Judge M. Page Kelley: ELECTRONIC ORDER entered ALLOWING #495 Joint MOTION to Amend Case Schedule (Vieira, Leonardo) |
| Filing 495 Joint MOTION to Amend Case Schedule by Pegasystems Inc..(Kinsley, Nicole) |
| Filing 494 Objection to #469 Order on Motion to Amend by Pegasystems Inc. . (Baldwin, Richard) |
| Filing 493 Objection by Pegasystems Inc. to Report and Recommendation regarding its Motion to Dismiss Appian's Amended Counterclaims. (Kinsley, Nicole) |
| Filing 492 Magistrate Judge M. Page Kelley: ELECTRONIC ORDER entered: The court has filed an order on Appian's motion to quash #394 under seal because it contains references to materials that have been filed under seal. The parties shall confer and no later than October 18, 2021, propose any redactions to the court so that an unredacted or partially redacted version of the order may be placed on the public docket. (Vieira, Leonardo) |
| Filing 491 Magistrate Judge M. Page Kelley: ELECTRONIC ORDER entered: #394 , Appian's motion to quash, is DENIED. Appian seeks to quash a deposition subpoena that Pegaystems served on non-party equity research firm Needham & Company, LLC, which In 2020 issued a report recommending that investors buy Appian's stock. The report relies on the BPM.com Report that Pegasystems challenges in this case. Appian argues that any information Needham has is irrelevant to this lawsuit. The court disagrees. Pegasystems is seeking discovery related to how Needham obtained the BPM.com Report, how it came to cite the BPM.com Report, any efforts Needham made to confirm the content of the BPM.com Report and the responses to those efforts, and the extent to which the Needham Report was distributed by Needham or Appian. ( #411 at #5 .) As Pegasystems notes, these are all relevant areas of inquiry to Pegasystems' false advertising claims. Id. The fact that Needham already provided documents to Pegasystems does not mean that it does not possess relevant, non-documentary information that could be obtained via deposition. In response to the court's previous question as to whether Appian even has standing to move to quash 470 , Appian argues that under Fed. R. Civ. P. 26(b)(2)(C)(iii), the court should act sua sponte to quash the deposition because the information sought is irrelevant. ( #473 at 4 .) As stated above, the court disagrees with this proposition. Appian goes on to argue that its motion should be deemed to be a motion for a protective order, and any concerns about its standing are resolved, because Pegasystems' actions are an attempt to "negatively impact Appian's reputation in the analyst community." Id. at 6 (citing Degrandis c. Children's Hosp. Boston, 203 F. Supp. 3d 193, 198 (D. Mass. 2016) for the proposition that a party has standing to quash a subpoena under Rule 45 as long as it has a personal right or privilege in the information sought). Appian's concern that Pegasystems' efforts to obtain discovery from Needham will tarnish its "reputation in the analyst community" does not seem reasonable, and in any event, that is not the type of "personal right or privilege" in the information sought that would give a party standing. (Vieira, Leonardo) |
| Filing 490 Magistrate Judge M. Page Kelley: ELECTRONIC ORDER entered: In light of recent orders by the court resolving certain motions, the parties shall file a brief joint status report setting out their positions on #444 , Pegasystems' motion for a protective order, and #456 , Appian's motion to compel Pegasystems to Fully Respond to Appian's Interrogatory Regarding Revenue Data for Specific Customers. The status report is due by Monday, October 11.(Vieira, Leonardo) |
| Filing 489 Magistrate Judge M. Page Kelley: ELECTRONIC ORDER entered: The court has filed an order on Pegasystems' motion to compel #425 under seal because it contains references to materials that have been filed under seal. The parties shall confer and no later than October 18, 2021, propose any redactions to the court so that an unredacted or partially redacted version of the order may be placed on the public docket. (Vieira, Leonardo) |
| Filing 488 Magistrate Judge M. Page Kelley: ORDER entered: For the reasons stated above, Pegasystems' motion to compel documents #425 is ALLOWED in part and DENIED in part. The parties are ordered to confer further in accordance with the directives of this order. (Vieira, Leonardo) |
| Filing 487 Magistrate Judge M. Page Kelley: ELECTRONIC ORDER entered: The court has filed an order on Appian's motion to compel #404 under seal because it contains references to materials that have been filed under seal. The parties shall confer and no later than October 18, 2021, propose any redactions to the court so that an unredacted or partially redacted version of the order may be placed on the public docket. (Vieira, Leonardo) |
| Filing 486 Magistrate Judge M. Page Kelley: ORDER entered: For the reasons stated above, Appian's motion to compel #404 is DENIED. (Vieira, Leonardo) |
| Filing 485 Magistrate Judge M. Page Kelley: ELECTRONIC ORDER entered granting #482 Pegasystems' Unopposed Motion to File Under Seal Exhibits to the Declaration of N. Kinsley in Support of Its Opposition to Appian's Motion to Compel. (Ferguson, Kerry) |
| Filing 484 Magistrate Judge M. Page Kelley: ELECTRONIC ORDER entered re #479 Motion to Amend. The Court denies the joint request to extend deadlines by three months, but will extend the deadlines so that that summary judgment motions are ripe by May 6, 2021. The parties shall file an amended joint schedule in accordance with this directive. (Vieira, Leonardo) |
| Filing 483 DECLARATION re #482 Assented to MOTION to Seal by Pegasystems Inc.. (Kinsley, Nicole) |
| Filing 482 Assented to MOTION to Seal by Pegasystems Inc..(Kinsley, Nicole) |
| Filing 481 DECLARATION re #480 Opposition to Motion by Pegasystems Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Kinsley, Nicole) (Attachment 1 replaced on 10/4/2021) (Vieira, Leonardo). (Attachment 2 replaced on 10/4/2021) (Vieira, Leonardo). (Attachment 3 replaced on 10/4/2021) (Vieira, Leonardo). |
| Filing 480 Opposition re #456 MOTION to Compel Pegasystems to Fully Respond to Appian's Interrogatory Regarding Revenue Data for Specific Customers filed by Pegasystems Inc.. (Kinsley, Nicole) |
| Filing 479 Joint MOTION to Amend #338 Order - Joint Motion Regarding Proposed Amended Case Schedule by Pegasystems Inc..(Horvath, August) |
| Filing 478 Magistrate Judge M. Page Kelley: ELECTRONIC ORDER entered: The court has filed an order on Pegasystems' motion to compel production of documents contradicting Appian's allegations #301 under seal because it contains references to materials that have been filed under seal. The parties shall confer and no later than October 15, 2021, propose any redactions to the court so that an unredacted or partially redacted version of the order may be placed on the public docket. (Vieira, Leonardo) |
| Filing 477 Magistrate Judge M. Page Kelley: ORDER entered: For the reasons stated above, Pegasystems' motion to compel production of documents contradicting Appian's allegations #301 is ALLOWED in part and DENIED in part. (Vieira, Leonardo) |
| Filing 476 Supplemental Opposition re #394 MOTION to Quash filed by Pegasystems Inc.. (Baldwin, Richard) |
| Filing 475 Magistrate Judge M. Page Kelley: ELECTRONIC ORDER entered: The court has filed an order on Appian's motion for discovery related to amended counterclaims #413 under seal because it contains references to materials that have been filed under seal. The parties shall confer and no later than October 15, 2021, propose any redactions to the court so that an unredacted or partially redacted version of the order may be placed on the public docket. (Vieira, Leonardo) |
| Filing 473 ADDENDUM re #394 MOTION to Quash submitted in response to Court's 9/23/21 Order filed by Appian Corporation. (Attachments: #1 Declaration of Adeel A. Mangi in Support, #2 Exhibit 1 to Declaration of Adeel A. Mangi)(Mangi, Adeel) |
| Filing 472 Magistrate Judge M. Page Kelley: ORDER entered: For the reasons stated above, Appian's motion to compel discovery of revenue data #420 is DENIED. The parties are ordered to confer further in accordance with the directives of this order. (Vieira, Leonardo) |
| Filing 471 Magistrate Judge M. Page Kelley: ORDER entered: For the reasons stated above, Appian's motion to unseal its answer and amendedcounterclaim #351 is DENIED WITHOUT PREJUDICE. (Vieira, Leonardo) |
| Filing 470 Magistrate Judge M. Page Kelley: ELECTRONIC ORDER entered: Regarding #394 , Appian's motion to quash subpoena to non-party Needham & Company, LLC. No later than Monday, September 27, 2021, Appian shall file a memorandum, no more than five pages long, explaining why it has standing to quash the subpoena, especially in light of the fact that Needham & Company apparently has no objection and already has produced responsive documents in its possession ( #468 at 2). Any response by Pegasystems, no more than five pages, shall be filed by Thursday, September 30, 2021.(Vieira, Leonardo) |
| Filing 469 Magistrate Judge M. Page Kelley: ORDER entered: For the reasons stated above, Pegasystems' motion to amend its complaint #344 is DENIED. (Vieira, Leonardo) |
| Filing 468 ADDENDUM re #394 MOTION to Quash - Notice of scheduling of deposition of non-party Needham & Company, LLC for 10/8/21 subject to pending Motion to Quash filed by Appian Corporation. (Mangi, Adeel) |
| Filing 467 Magistrate Judge M. Page Kelley: ELECTRONIC ORDER entered. The court has filed its Report and Recommendation on Pegasystems' motion to dismiss under seal because it contains references to materials that have been filed under seal. The parties shall confer and, no later than September 30, 2021, propose any redactions to the court so that an unredacted or partially redacted version of the Report may be placed on the public docket.(Vieira, Leonardo) |
| Filing 465 ELECTRONIC NOTICE issued requesting courtesy copies of the forthcoming SEALED versions of #457 , #458 , #460 , and #461 . Counsel who file these documents are requested to submit courtesy copies of these document to the Clerk's Office by September 27, 2021. These documents must be clearly marked as a Courtesy Copy and reflect the document number assigned by CM/ECF. (Ferguson, Kerry) |
| Filing 464 Magistrate Judge M. Page Kelley: ELECTRONIC ORDER entered granting #462 Appian Corporation's Unopposed Motion to File Under Seal Certain Documents Submitted in Support of Its Opposition to Pegasystems Inc.'s Motion for a Protective Order. (Ferguson, Kerry) |
| Filing 463 Magistrate Judge M. Page Kelley: ELECTRONIC ORDER entered granting #459 Appian Corporation's Unopposed Motion to File Under Seal Certain Documents Submitted in Support of Its Motion to Compel Pegasystems to Fully Respond to Appian's Interrogatory Regarding Revenue Data for Specific Customers. (Ferguson, Kerry) |
| Filing 462 Consent MOTION to Seal by Appian Corporation. (Attachments: #1 Declaration of Adeel A. Mangi)(Mangi, Adeel) |
| Filing 461 AFFIDAVIT of Adeel A. Mangi in Opposition re #444 MOTION for Protective Order Preventing Appian from using Third-Party Subpoena filed by Appian Corporation. (Attachments: #1 Exhibit 1 - Appians First Set of Expedited Requests for Production to Pegasystems dated January 13, 2020., #2 Exhibit 2 - Appians First Set of Expedited Interrogatories to Pegasystems dated January 13, 2020., #3 Exhibit 3 - excerpts of the October 1, 2020 hearing in this case., #4 Exhibit 4 -excerpts of the transcript of the June 15, 2021 deposition of Leon Trefler (under seal), #5 Exhibit 5 - excerpts of the transcript of the July 1, 2021 deposition of John Petronio (under seal), #6 Exhibit 6 - letter from Michael Sochynsky, counsel for Appian, to Neil Austin, counsel for Pegasystems, dated June 22, 2021 (under seal), #7 Exhibit 7 - letter from Neil Austin, counsel for Pegasystems, to Michael Sochynsky, counsel for Appian, dated July 12, 2021 (under seal), #8 Exhibit 8 - letter from Michael Sochynsky, counsel for Appian, to Neil Austin, counsel for Pegasystems, dated July 19, 2021 (under seal), #9 Exhibit 9 - email chain between counsel in this action, dated July 27, 2021., #10 Exhibit 10 - the affidavit of service from Manny Bayo., #11 Exhibit 11 i- PEGA00099537 (under seal), #12 Exhibit 12 - Pegasystemss Responses and Objections to Appians Fourth Set of Interrogatories dated January 29, 2021 (under seal), #13 Exhibit 13 - Pegasystemss Amended Responses and Objections to Appians Fifth Set of Interrogatories dated July 21, 2021 (under seal), #14 Exhibit 14 - GNW0137 (under seal))(Mangi, Adeel) (Additional attachment(s) added on 9/22/2021: #15 Exhibit 4) (Vieira, Leonardo). (Additional attachment(s) added on 9/22/2021: #16 Exhibit 5) (Vieira, Leonardo). (Additional attachment(s) added on 9/22/2021: #17 Exhibit 6) (Vieira, Leonardo). (Additional attachment(s) added on 9/22/2021: #18 Exhibit 7) (Vieira, Leonardo). (Additional attachment(s) added on 9/22/2021: #19 Exhibit 8) (Vieira, Leonardo). (Attachment 11 replaced on 9/22/2021) (Vieira, Leonardo). (Attachment 12 replaced on 9/22/2021) (Vieira, Leonardo). (Attachment 13 replaced on 9/22/2021) (Vieira, Leonardo). (Attachment 14 replaced on 9/22/2021) (Vieira, Leonardo). |
| Filing 460 MEMORANDUM in Opposition re #444 MOTION for Protective Order Preventing Appian from using Third-Party Subpoena filed by Appian Corporation. (Mangi, Adeel) (Additional attachment(s) added on 9/22/2021: #1 Appian corporation's opposition to Pegasystems Inc.) (Vieira, Leonardo). |
| Filing 459 Consent MOTION to Seal by Appian Corporation. (Attachments: #1 Declaration of Adeel A. Mangi)(Mangi, Adeel) |
| Filing 458 AFFIDAVIT of Adeel A. Mangi in Support re #456 MOTION to Compel Pegasystems to Fully Respond to Appian's Interrogatory Regarding Revenue Data for Specific Customers filed by Appian Corporation. (Attachments: #1 Exhibit 1 - Bates Number APPN00020282, #2 Exhibit 2 - Bates Number PEGA00009885, #3 Exhibit 3 - Bates Number PEGA00065280, #4 Exhibit 4 - Bates Number PEGA00065288, #5 Exhibit 5 - Bates Number PEGA00073778, #6 Exhibit 6 - Bates Number PEGA00092161, #7 Exhibit 7 - Bates Number PEGA00003031, #8 Exhibit 8 - Bates Number PEGA00085280, #9 Exhibit 9 - Bates Number PEGA00008667, #10 Exhibit 10 - Bates Number APPN00011623, #11 Exhibit 11 - Bates Number APPN00021409, #12 Exhibit 12 - Bates Number PEGA00011489, #13 Exhibit 13 - Bates Number PEGA00083042, #14 Exhibit 14 - Bates Number PEGA00011359, #15 Exhibit 15 - Bates Number PEGA00083288, #16 Exhibit 16 - letter from Nicole Kinsley, #17 Exhibit 17 - Appians Interrogatory No. 20, #18 Exhibit 18 - Pegasystems response to Interrogatory No. 20, #19 Exhibit 19 - letter from Nicole Kinsley, #20 Exhibit 20 - Bates Number PEGA00073942, #21 Exhibit 21 - Bates Number PEGA00107398, #22 Exhibit 22 - Bates Number PEGA00107412, #23 Exhibit 23 - excerpt from the transcript of the June 28, 2021 hearing, #24 Exhibit 24 - letter from Nicole Kinsley, #25 Exhibit 25 - email correspondence between counsel for Appian and counsel for Pegasystems, #26 Exhibit 26 - Bates Number GWN0137)(Mangi, Adeel) (Attachment 1 replaced on 9/22/2021) (Vieira, Leonardo). (Attachment 2 replaced on 9/22/2021) (Vieira, Leonardo). (Attachment 3 replaced on 9/22/2021) (Vieira, Leonardo). (Attachment 4 replaced on 9/22/2021) (Vieira, Leonardo). (Attachment 5 replaced on 9/22/2021) (Vieira, Leonardo). (Attachment 6 replaced on 9/22/2021) (Vieira, Leonardo). (Attachment 7 replaced on 9/22/2021) (Vieira, Leonardo). (Attachment 8 replaced on 9/22/2021) (Vieira, Leonardo). (Attachment 9 replaced on 9/22/2021) (Vieira, Leonardo). (Attachment 10 replaced on 9/22/2021) (Vieira, Leonardo). (Attachment 11 replaced on 9/22/2021) (Vieira, Leonardo). (Attachment 12 replaced on 9/22/2021) (Vieira, Leonardo). (Attachment 13 replaced on 9/22/2021) (Vieira, Leonardo). (Attachment 14 replaced on 9/22/2021) (Vieira, Leonardo). (Attachment 15 replaced on 9/22/2021) (Vieira, Leonardo). (Attachment 17 replaced on 9/22/2021) (Vieira, Leonardo). (Attachment 16 replaced on 9/22/2021) (Vieira, Leonardo). (Attachment 18 replaced on 9/22/2021) (Vieira, Leonardo). (Attachment 19 replaced on 9/22/2021) (Vieira, Leonardo). (Attachment 20 replaced on 9/22/2021) (Vieira, Leonardo). (Attachment 21 replaced on 9/22/2021) (Vieira, Leonardo). (Attachment 22 replaced on 9/22/2021) (Vieira, Leonardo). (Attachment 23 replaced on 9/22/2021) (Vieira, Leonardo). (Attachment 24 replaced on 9/22/2021) (Vieira, Leonardo). (Attachment 25 replaced on 9/22/2021) (Vieira, Leonardo). (Attachment 26 replaced on 9/22/2021) (Vieira, Leonardo). |
| Filing 457 MEMORANDUM in Support re #456 MOTION to Compel Pegasystems to Fully Respond to Appian's Interrogatory Regarding Revenue Data for Specific Customers filed by Appian Corporation. (Mangi, Adeel) (Additional attachment(s) added on 9/22/2021: #1 Memorandum of law in support of Appian corporation's motion to compel) (Vieira, Leonardo). |
| Filing 456 MOTION to Compel Pegasystems to Fully Respond to Appian's Interrogatory Regarding Revenue Data for Specific Customers by Appian Corporation.(Mangi, Adeel) |
| Filing 455 Magistrate Judge M. Page Kelley: ELECTRONIC ORDER entered ALLOWING #454 Motion for Leave to Appear Pro Hac Vice Added Andrew M. Willinger. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Vieira, Leonardo) |
| Filing 454 MOTION for Leave to Appear Pro Hac Vice for admission of Andrew M. Willinger Filing fee: $ 100, receipt number 0101-8938778 by Appian Corporation. (Attachments: #1 Exhibit)(Madden, Timothy) |
| Filing 452 Magistrate Judge M. Page Kelley: ELECTRONIC ORDER entered granting #451 Appian Corporation's Unopposed Motion to File Under Seal Certain Documents in Support of Its Opposition to Pegasystems Inc.'s Motion to Compel Production of Documents. (Ferguson, Kerry) |
| Filing 451 Consent MOTION to Seal by Appian Corporation. (Attachments: #1 Declaration of Adeel A. Mangi)(Mangi, Adeel) |
| Filing 450 AFFIDAVIT in Opposition re #425 MOTION to Compel Production of Documents filed by Appian Corporation. (Sochynsky, Michael) |
| Filing 449 AFFIDAVIT of Adeel A. Mangi in Opposition re #425 MOTION to Compel Production of Documents filed by Appian Corporation. (Attachments: #1 Exhibit 1, Appians Responses and Objections, dated July 16, 2021, #2 Exhibit 2, Letter between counsel, dated July 29, 2021, #3 Exhibit 3, Letter between counsel, dated July August 2, 2021, #4 Exhibit 4, Amended Response and Objections, dated July 16, 2021, #5 Exhibit 5, Letter between counsel, dated February 15, 2021, #6 Exhibit 6, Letter between counsel, dated March 5, 2021, #7 Exhibit 7, Deposition transcript excerpts, dated July 1, 2021, #8 Exhibit 8, Letter between counsel, June 10, 2021, #9 Exhibit 9, Letter between counsel, March 5, 2021)(Mangi, Adeel) (Attachment 1 replaced on 9/8/2021) (Vieira, Leonardo). (Attachment 2 replaced on 9/8/2021) (Vieira, Leonardo). (Attachment 3 replaced on 9/8/2021) (Vieira, Leonardo). (Attachment 4 replaced on 9/8/2021) (Vieira, Leonardo). (Attachment 5 replaced on 9/8/2021) (Vieira, Leonardo). (Attachment 7 replaced on 9/8/2021) (Vieira, Leonardo). (Attachment 9 replaced on 9/8/2021) (Vieira, Leonardo). |
| Filing 448 MEMORANDUM in Opposition re #425 MOTION to Compel Production of Documents filed by Appian Corporation. (Mangi, Adeel) |
| Filing 447 Opposition re #420 MOTION to Compel Discovery of Revenue Data filed by Pegasystems Inc.. (Attachments: #1 Exhibit Superior Court Order)(Baldwin, Richard) |
| Filing 446 SUR-REPLY to Motion re #404 MOTION for Discovery - Appian Corporation's Motion for Leave to Serve Targeted Discovery Regarding Pegasystems' Undisclosed Commissioning of the Capgemini Report filed by Pegasystems Inc.. (Austin, Kristopher) |
| Filing 445 AFFIDAVIT of Neil Austin in Support re #444 MOTION for Protective Order Preventing Appian from using Third-Party Subpoena filed by Pegasystems Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B)(Austin, Kristopher) |
| Filing 444 MOTION for Protective Order Preventing Appian from using Third-Party Subpoena by Pegasystems Inc..(Austin, Kristopher) |
| Filing 443 Magistrate Judge M. Page Kelley: ELECTRONIC ORDER entered granting #442 Appian Corporation's Motion to File Under Seal Certain Documents Submitted in Connection with Its Reply in Support of Its Motion for Leave to Serve Targeted Discovery. (MPK, law1) |
| Filing 442 Consent MOTION to Seal by Appian Corporation. (Attachments: #1 Declaration of Adeel A. Mangi)(Mangi, Adeel) |
| Filing 441 REPLY to Response to #404 MOTION for Discovery - Appian Corporation's Motion for Leave to Serve Targeted Discovery Regarding Pegasystems' Undisclosed Commissioning of the Capgemini Report (Redacted) filed by Appian Corporation. (Attachments: #1 Declaration of Adeel A. Mangi, #2 Exhibit 12, Excerpts from Transcript of L. Trefler Deposition (under seal), #3 Exhibit 13, Excerpts from Transcript of J. Petronio Deposition (under seal), #4 Exhibit 14, Exhibit 32 from J. Petronio Deposition)(Mangi, Adeel) (Additional attachment(s) added on 8/31/2021: #5 Reply in Support of Appian Corporation's Motion for Leave to Serve Targeted Discovery Regarding Pegasystems' Undisclosed Commissioning of the Capgemini Report, #6 Exhibit 12, #7 Exhibit 13) (Vieira, Leonardo). |
| Filing 437 Magistrate Judge M. Page Kelley: ELECTRONIC ORDER entered granting #436 Pegasystems Inc.'s Consent Motion to File Under Seal Its Opposition to Appian Corporation's Motion to Compel Discovery Related to Its Amended Complaint. (MPK, law1) |
| Filing 436 Consent MOTION to Seal Document #435 Opposition to Motion by Pegasystems Inc.. (Attachments: #1 Affidavit Baldwin Declaration)(Baldwin, Richard) |
| Filing 435 Opposition re #413 MOTION to Compel Discovery Related to its Amended Counterclaim filed by Pegasystems Inc.. (Baldwin, Richard) (Additional attachment(s) added on 8/30/2021: #1 Opposition to Appian's Motion to Compel Discovery Related to its Amended Counterclaim) (Vieira, Leonardo). |
| Filing 434 Magistrate Judge M. Page Kelley: ELECTRONIC ORDER entered granting #433 Appian Corporation's Unopposed Motion for Leave to File a Reply in Support of Its Motion to Serve Targeted Discovery to the extent that Appian is granted leave to file a reply not to exceed 4 pages in length by August 27, 2021 and Pegasystems Inc. is granted leave to file a sur-reply not to exceed 4 pages in length by September 3, 2021. (MPK, law1) |
| Filing 433 Consent MOTION for Leave to File Reply in Support of Motion to Serve Targeted Discovery Regarding Pegasystems' Undisclosed Commissioning of the Capgemini Report by Appian Corporation.(Mangi, Adeel) |
| Filing 432 Magistrate Judge M. Page Kelley: ELECTRONIC ORDER entered granting #429 Pegasystems Inc.'s Consent Motion to File Under Seal Its Motion to Compel Production of Documents. (MPK, law1) |
| Filing 431 Magistrate Judge M. Page Kelley: ELECTRONIC ORDER entered granting #426 Appian Corporation's Unopposed Motion to File Under Seal Certain Documents Submitted in Support of Its Motion to Compel Discovery of Revenue Data. (MPK, law1) |
| Filing 430 Magistrate Judge M. Page Kelley: ELECTRONIC ORDER entered granting #423 Pegasystems Inc.'s Consent Motion to File Under Seal Its Opposition to Appian Corporation's Motion for Leave to Serve Additional Discovery Requests. (MPK, law1) |
| Filing 429 Consent MOTION to Seal Document #427 Memorandum in Support of Motion to Compel Production of Documents by Pegasystems Inc.. (Attachments: #1 Affidavit of Neil Austin)(Austin, Kristopher) |
| Filing 428 AFFIDAVIT of Neil Austin in Support re #425 MOTION to Compel Production of Documents filed by Pegasystems Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Austin, Kristopher) |
| Filing 427 MEMORANDUM in Support re #425 MOTION to Compel Production of Documents filed by Pegasystems Inc.. (Austin, Kristopher) |
| Filing 426 Consent MOTION to Seal by Appian Corporation. (Attachments: #1 Declaration of Adeel A. Mangi)(Mangi, Adeel) |
| Filing 425 MOTION to Compel Production of Documents by Pegasystems Inc..(Austin, Kristopher) |
| Filing 424 AFFIDAVIT of Adeel A. Mangi in Support re #420 MOTION to Compel Discovery of Revenue Data filed by Appian Corporation. (Attachments: #1 Exhibit 1 - Appians Second Set of Interrogatories to Pegasystems (under seal), #2 Exhibit 2 - 10/20/2020 Letter from M. Sochynsky to N. Kinsley (under seal), #3 Exhibit 3 - 11/23/2020 Letter from M. Sochynsky to N. Kinsley, #4 Exhibit 4 - 12/2/2020 Letter from N. Kinsley to M. Sochynsky, #5 Exhibit 5 - 8/28/2020 Letter from A. Horvath to M. Sochynsky (under seal), #6 Exhibit 6 - 1/15/2021 Letter from M. Sochynsky to N. Kinsley (under seal), #7 Exhibit 7 - 2/15/2021 Letter from N. Kinsley to M. Sochynsky (under seal), #8 Exhibit 8 - 2/19/2021 Letter from M. Sochynsky to N. Kinsley (under seal), #9 Exhibit 9 - 3/5/2021 Letter from N. Kinsley to M. Sochynsky (under seal), #10 Exhibit 10 - 5/25/2021 Letter from M. Sochynsky to N. Kinsley (under seal), #11 Exhibit 11 - 7/6/2021 Letter from M. Sochynsky to N. Kinsley (under seal), #12 Exhibit 12 - 6/3/2021 Letter from N. Kinsley to M. Sochynsky(under seal), #13 Exhibit 13 - 8/10/2021 Letter from N. Kinsley to M. Sochynsky (under seal), #14 Exhibit 14 - Pegasystems Responses and Objections to Appians Fourth Set of Interrogatories (under seal), #15 Exhibit 15 - Appians Fifth Set of Interrogatories to Pegasystems (under seal))(Mangi, Adeel) (Attachment 1 replaced on 8/25/2021) (Vieira, Leonardo). (Attachment 2 replaced on 8/25/2021) (Vieira, Leonardo). (Attachment 5 replaced on 8/25/2021) (Vieira, Leonardo). (Attachment 6 replaced on 8/25/2021) (Vieira, Leonardo). (Attachment 7 replaced on 8/25/2021) (Vieira, Leonardo). (Attachment 8 replaced on 8/25/2021) (Vieira, Leonardo). (Attachment 9 replaced on 8/25/2021) (Vieira, Leonardo). (Attachment 10 replaced on 8/25/2021) (Vieira, Leonardo). (Attachment 11 replaced on 8/25/2021) (Vieira, Leonardo). (Attachment 12 replaced on 8/25/2021) (Vieira, Leonardo). (Attachment 13 replaced on 8/25/2021) (Vieira, Leonardo). (Attachment 14 replaced on 8/25/2021) (Vieira, Leonardo). (Attachment 15 replaced on 8/25/2021) (Vieira, Leonardo). |
| Filing 423 Consent MOTION to Seal Document #419 Opposition to Motion, by Pegasystems Inc.. (Attachments: #1 Affidavit of Neil Austin)(Austin, Kristopher) |
| Filing 422 AFFIDAVIT of Neil Austin in Opposition re #404 MOTION for Discovery - Appian Corporation's Motion for Leave to Serve Targeted Discovery Regarding Pegasystems' Undisclosed Commissioning of the Capgemini Report filed by Pegasystems Inc.. (Attachments: #1 Exhibit 1)(Austin, Kristopher) |
| Filing 421 MEMORANDUM in Support re #420 MOTION to Compel Discovery of Revenue Data filed by Appian Corporation. (Mangi, Adeel) (Additional attachment(s) added on 8/25/2021: #1 Memorandum of Law) (Vieira, Leonardo). |
| Filing 420 MOTION to Compel Discovery of Revenue Data by Appian Corporation.(Mangi, Adeel) |
| Filing 419 Opposition re #404 MOTION for Discovery - Appian Corporation's Motion for Leave to Serve Targeted Discovery Regarding Pegasystems' Undisclosed Commissioning of the Capgemini Report filed by Pegasystems Inc.. (Austin, Kristopher) |
| Filing 418 Magistrate Judge M. Page Kelley: ELECTRONIC ORDER entered. After review of Exhibits 1 and 2 to Affidavit #410 , the court approves the proposed redactions and allows Pegasystems Unopposed Motion to File the May 11, 2021 and June 28, 2021 Transcripts Partially Under Seal #409 .(MPK, law1) |
| Filing 417 Magistrate Judge M. Page Kelley: ELECTRONIC ORDER entered granting #416 Appian Corporation's Unopposed Motion to File Under Seal Certain Documents in Support of Its Motion to Compel Discovery Related to Its Amended Complaint. (MPK, law1) |
| Filing 416 Consent MOTION to Seal by Appian Corporation. (Attachments: #1 Declaration of Adeel A. Mangi)(Mangi, Adeel) |
| Filing 415 AFFIDAVIT of Adeel A. Mangi in Support re #413 MOTION to Compel Discovery Related to its Amended Counterclaim filed by Appian Corporation. (Attachments: #1 Exhibit 1 Pegasystems Responses and Objections dated July 16, 2021 (filed under seal), #2 Exhibit 2 July 29, 2021 Letter from N. Kinsley to M. Sochynsky (filed under seal), #3 Exhibit 3 PEGA0007115 (filed under seal), #4 Exhibit 4 July 13, 2020 Letter from A. Horvath to I. Weingram)(Mangi, Adeel) (Attachment 1 replaced on 8/11/2021) (Vieira, Leonardo). (Attachment 2 replaced on 8/11/2021) (Vieira, Leonardo). (Attachment 3 replaced on 8/11/2021) (Vieira, Leonardo). |
| Filing 414 MEMORANDUM in Support re #413 MOTION to Compel Discovery Related to its Amended Counterclaim (redacted) filed by Appian Corporation. (Mangi, Adeel) (Additional attachment(s) added on 8/11/2021: #1 Memorandum of Law in Support of Appian Corporation's Motion to Compel) (Vieira, Leonardo). |
| Filing 413 MOTION to Compel Discovery Related to its Amended Counterclaim by Appian Corporation.(Mangi, Adeel) |
| Filing 412 Magistrate Judge M. Page Kelley: ELECTRONIC ORDER entered ALLOWING #409 Motion to Seal Document to the extent that Exhibits 1 and 2 to #410 Affidavit may be filed under seal. After review of Exhibits 1 and 2, the court will further rule on the motion. Counsel will receive an email within twenty-four (24) hours of this order with instructions for submitting sealed documents for which leave has been granted in accordance with the Local Rules of the U.S. District Court of Massachusetts. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Vieira, Leonardo) Modified on 8/10/2021 to fix docket text (Vieira, Leonardo). |
| Filing 411 Opposition re #394 MOTION to Quash filed by Pegasystems Inc.. (Attachments: #1 Affidavit Baldwin Declaration, #2 Exhibit 1 to Baldwin Declaration)(Baldwin, Richard) |
| Filing 410 AFFIDAVIT of M. Patel in Support re #409 MOTION to Seal Document #359 Transcript, #317 Transcript, (Unopposed) filed by Pegasystems Inc.. (Attachments: #1 Exhibit 1 - May 11, 2021 Transcript (Under Seal), #2 Exhibit 2 - June 28, 2021 Transcript (Under Seal))(Patel, Mital) (Attachment 1 replaced on 8/10/2021) (Vieira, Leonardo). (Attachment 2 replaced on 8/10/2021) (Vieira, Leonardo). (Additional attachment(s) added on 8/11/2021: #3 Exhibit 1 - May 11, 2021 Transcript) (Vieira, Leonardo). (Additional attachment(s) added on 8/11/2021: #4 Exhibit 2 - June 28, 2021 Transcript) (Vieira, Leonardo). |
| Filing 409 MOTION to Seal Document #359 Transcript, #317 Transcript, (Unopposed) by Pegasystems Inc..(Patel, Mital) |
| Filing 408 Magistrate Judge M. Page Kelley: ELECTRONIC ORDER entered granting #407 Appian Corporation's Unopposed Motion to File Under Seal Certain Documents Submitted in Support of Its Motion for Leave to Serve Targeted Discovery. (MPK, law1) |
| Filing 407 Consent MOTION to Seal by Appian Corporation. (Attachments: #1 Declaration of Adeel A. Mangi)(Mangi, Adeel) |
| Filing 406 AFFIDAVIT of Adeel A. Mangi in Support re #404 MOTION for Discovery - Appian Corporation's Motion for Leave to Serve Targeted Discovery Regarding Pegasystems' Undisclosed Commissioning of the Capgemini Report filed by Appian Corporation. (Attachments: #1 Exhibit 1 - PEGA00083883, #2 Exhibit 2 - Appian's First Set of Expedited Requests for Production (Jan. 13, 2020), #3 Exhibit 3 - Appian's First Set of Expedited Interrogatories (Jan. 13, 2020), #4 Exhibit 4 - Oct. 1, 2020 Hearing Transcript, #5 Exhibit 5 - Deposition Transcript of Leon Trefler, #6 Exhibit 6 - Capgemini Report, #7 Exhibit 7 - Deposition Transcript of John Petronio, #8 Exhibit 8 - July 12, 2021 Letter from Austin to Sochynsky, #9 Exhibit 9 - June 22, 2021 Letter from Sochynsky to Horvath, #10 Exhibit 10 - July 19, 2021 Letter from Sochynsky to Austin, #11 Exhibit 11 - July 27 Email Chain Between Counsel)(Mangi, Adeel) (Attachment 1 replaced on 8/9/2021) (Vieira, Leonardo). (Additional attachment(s) added on 8/9/2021: #12 Exhibit 5, #13 Exhibit 7, #14 Exhibit 8, #15 Exhibit 9, #16 Exhibit 10) (Vieira, Leonardo). |
| Filing 405 MEMORANDUM in Support re #404 MOTION for Discovery - Appian Corporation's Motion for Leave to Serve Targeted Discovery Regarding Pegasystems' Undisclosed Commissioning of the Capgemini Report (redacted) filed by Appian Corporation. (Mangi, Adeel) (Additional attachment(s) added on 8/9/2021: #1 Memorandum of Law in Support of Appian Corporation's Motion for Leave to Serve) (Vieira, Leonardo). |
| Filing 404 MOTION for Discovery - Appian Corporation's Motion for Leave to Serve Targeted Discovery Regarding Pegasystems' Undisclosed Commissioning of the Capgemini Report by Appian Corporation.(Mangi, Adeel) |
| Filing 403 Magistrate Judge M. Page Kelley: ELECTRONIC ORDER entered denying #401 Pegasystems' Motion for Leave to File Reply in Support of Motion to Amend Complaint. (MPK, law1) |
| Filing 402 MEMORANDUM in Opposition re #401 MOTION for Leave to File Reply In Support of Motion to Amend Complaint filed by Appian Corporation. (Mangi, Adeel) |
| Filing 401 MOTION for Leave to File Reply In Support of Motion to Amend Complaint by Pegasystems Inc.. (Attachments: #1 Exhibit Proposed Reply)(Baldwin, Richard) |
| Filing 400 SUR-REPLY to Motion re #301 MOTION to Compel Production of Documents Contradicting Appian's Allegations made in response to Appian's Supplemental Memorandum in Opposition (D.E. 386) filed by Pegasystems Inc.. (Horvath, August) |
| Filing 399 SEALED version of #381 Supplemental MEMORANDUM in Support re 301 MOTION to Compel Production of Documents Contradicting Appian's Allegations (filed under seal pursuant to Dkt. No. 363) filed by Pegasystems Inc. (Attachments: #1 Exhibit 1)(Belmont, Kellyann) |
| Filing 398 Notice of correction to docket made by Court staff. Correction: Dkt. No. 394-1 corrected because: Memorandum in Support incorrectly attached to motion. Memorandum of law must been filed as a separate docket entry. Counsel is reminded to review local rules and the attorney handbook when filing documents with the Court. (Lara, Miguel) |
| Filing 396 Magistrate Judge M. Page Kelley: ELECTRONIC ORDER entered granting #395 Appian Corporation's Unopposed Motion to File Under Seal Certain Documents in Support of Its Motion to Quash. (MPK, law1) |
| Filing 397 MEMORANDUM in Support re #394 MOTION to Quash filed by Appian Corporation. (Lara, Miguel) (Additional attachment(s) added on 7/27/2021: #1 Memorandum of Law in Support of Appian Corporation's Motion to Quash the Subpoena Issued to Non-Party Needham & Company, LLC) (Vieira, Leonardo). |
| Filing 395 MOTION to Seal by Appian Corporation. (Attachments: #1 Declaration of Adeel A. Mangi)(Mangi, Adeel) |
| Filing 394 MOTION to Quash by Appian Corporation. (Attachments: # 1 Memorandum of Law, #2 Declaration of Michael Sochynsky, #3 Exhibit A - (filed under seal) Needham Report (PEGA00083783), #4 Exhibit B - Subpoena to Needham, #5 Exhibit C - (filed under seal) - PEGA00098775, #6 Exhibit D - (filed under seal) - excerpt from the transcript)(Mangi, Adeel) (Attachment 3 replaced on 7/27/2021) (Vieira, Leonardo). (Attachment 5 replaced on 7/27/2021) (Vieira, Leonardo). (Attachment 6 replaced on 7/27/2021) (Vieira, Leonardo). Modified on to remove Attachment #1, see notice of correction. 7/27/2021 (Lara, Miguel). |
| Filing 393 Magistrate Judge M. Page Kelley: ELECTRONIC ORDER entered granting #391 Pegasystems Inc.'s Motion for Leave to File a Sur-Reply. The sur-reply shall not exceed 5 pages in length and shall be filed by July 29, 2021. (MPK, law1) |
| Filing 392 MEMORANDUM in Opposition re #391 MOTION for Leave to File Sur-Reply filed by Appian Corporation. (Mangi, Adeel) |
| Filing 391 MOTION for Leave to File Sur-Reply by Pegasystems Inc..(Kinsley, Nicole) |
| Filing 390 SEALED version of #386 Supplemental MEMORANDUM in Opposition re #301 MOTION to Compel Production of Documents Contradicting Appian's Allegations filed by Appian Corporation. (Belmont, Kellyann) (Main Document 390 replaced on 7/22/2021) (Belmont, Kellyann). |
| Filing 388 Magistrate Judge M. Page Kelley: ELECTRONIC ORDER entered granting #387 Appian Corporation's Unopposed Motion to File Under Seal Its Supplemental Reply Memorandum in Further Opposition to Pegasystems' Motion to Compel. (MPK, law1) |
| Filing 387 Consent MOTION to Seal Document #386 Memorandum in Opposition to Motion, by Appian Corporation. (Attachments: #1 Declaration of Adeel A. Mangi)(Mangi, Adeel) |
| Filing 386 Supplemental MEMORANDUM in Opposition re #301 MOTION to Compel Production of Documents Contradicting Appian's Allegations filed by Appian Corporation. (Attachments: #1 Declaration of Adeel A. Mangi, #2 Exhibit 1 to Mangi Declaration)(Mangi, Adeel) |
| Filing 389 SEALED APPIAN CORPORATION'S OPPOSITION TO PEGASYSTEMS' MOTION FOR LEAVE TO FILE A SECOND AMENDED COMPLAINT (Belmont, Kellyann) |
| Filing 385 SEALED version of #379 MEMORANDUM in Opposition re 344 MOTION to Amend 55 Amended Complaint filed by Appian Corporation. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9)(Belmont, Kellyann) |
| Filing 384 Magistrate Judge M. Page Kelley: ELECTRONIC ORDER entered granting #382 Motion to Withdraw as Attorney. Attorney Daniel M. Eisenberg terminated (Belmont, Kellyann) |
| Filing 383 Magistrate Judge M. Page Kelley: ELECTRONIC ORDER entered granting #380 Consent MOTION to Seal Document 379 Memorandum in Opposition to Motion by Appian Corporation (Belmont, Kellyann) |
| Filing 382 MOTION to Withdraw as Attorney by Daniel Eisenberg by Appian Corporation.(Mangi, Adeel) |
| Filing 381 Supplemental MEMORANDUM in Support re #301 MOTION to Compel Production of Documents Contradicting Appian's Allegations (filed under seal pursuant to Dkt. No. 363) filed by Pegasystems Inc.. (Attachments: #1 Affidavit of August T. Horvath, #2 Exhibit 1 (filed under seal))(Horvath, August) |
| Filing 380 Consent MOTION to Seal Document #379 Memorandum in Opposition to Motion,,, by Appian Corporation. (Attachments: #1 Declaration of Adeel A. Mangi)(Mangi, Adeel) |
| Filing 379 MEMORANDUM in Opposition re #344 MOTION to Amend #55 Amended Complaint filed by Appian Corporation. (Attachments: #1 Declaration of Adeel A. Mangi, #2 Exhibit 1, to the Declaration of Adeel A. Mangi (filed under seal), #3 Exhibit 2, Excerpt of Email Chain between Counsel, #4 Exhibit 3, to the Declaration of Adeel A. Mangi (filed under seal), #5 Exhibit 4, to the Declaration of Adeel A. Mangi (filed under seal), #6 Exhibit 5, to the Declaration of Adeel A. Mangi (filed under seal), #7 Exhibit 6, to the Declaration of Adeel A. Mangi (filed under seal), #8 Exhibit 7, to the Declaration of Adeel A. Mangi (filed under seal), #9 Exhibit 8, to the Declaration of Adeel A. Mangi (filed under seal), #10 Exhibit 9, to the Declaration of Adeel A. Mangi (filed under seal))(Mangi, Adeel) |
| Filing 378 Letter/request (non-motion) from Nicole Kinsley on behalf of Pegasystems Inc. . (Kinsley, Nicole) |
| Filing 377 SEALED version of #346 MEMORANDUM in Support re #344 MOTION to Amend #55 Amended Complaint filed by Pegasystems Inc. (Belmont, Kellyann) |
| Filing 376 SEALED Exhibit 1 re #345 AFFIDAVIT of Richard G. Baldwin in Support re #344 MOTION to Amend 55 Amended Complaint filed by Pegasystems Inc. (Belmont, Kellyann) |
| Filing 375 SEALED version of #372 Supplemental MEMORANDUM in Opposition re #301 MOTION to Compel Production of Documents Contradicting Appian's Allegations (redacted) filed by Appian Corporation. (Attachments: #1 Exhibit 1 - Petronio Deposition Transcript)(Belmont, Kellyann) |
| Filing 374 AFFIDAVIT in Opposition re #351 MOTION to Unseal Document -- Appian Corporation's Motion To Unseal Its Amended Answer And Counterclaim filed by Pegasystems Inc.. (Attachments: #1 Exhibit 1)(Baldwin, Richard) |
| Filing 373 Opposition re #351 MOTION to Unseal Document -- Appian Corporation's Motion To Unseal Its Amended Answer And Counterclaim filed by Pegasystems Inc.. (Baldwin, Richard) |
| Filing 372 Supplemental MEMORANDUM in Opposition re #301 MOTION to Compel Production of Documents Contradicting Appian's Allegations (redacted) filed by Appian Corporation. (Attachments: #1 Declaration of Adeel A. Mangi, #2 Exhibit 1 - Petronio Deposition Transcript (filed under seal))(Mangi, Adeel) |
| Filing 371 SEALED Exhibit 1 re #365 AFFIDAVIT of Adeel A. Mangi in Opposition re #339 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM APPIAN'S AMENDED COUNTERCLAIMS filed by Appian Corporation. (Belmont, Kellyann) |
| Filing 370 SEALED version of #364 MEMORANDUM in Opposition re #339 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM APPIAN'S AMENDED COUNTERCLAIMS (redacted) filed by Appian Corporation (Belmont, Kellyann) |
| Filing 369 Notice of Errata by Appian Corporation . (Mangi, Adeel) |
| Filing 368 Magistrate Judge M. Page Kelley: ELECTRONIC ORDER entered granting #366 Appian Corporation's Unopposed Motion to File Under Seal Certain Documents in Support of Its Opposition to Pegasystems Inc.'s Motion to Dismiss Appian's Amended Counterclaim. (MPK, law1) |
| Filing 367 AFFIDAVIT of Adeel A. Mangi in Support re #366 Consent MOTION to Seal Document #365 Affidavit in Opposition to Motion, #364 Memorandum in Opposition to Motion requesting to seal portions of Memorandum of Law in Opposition and Exhibit 1 to Declaration of Adeel A. Mangi filed by Appian Corporation. (Mangi, Adeel) |
| Filing 366 Consent MOTION to Seal Document #365 Affidavit in Opposition to Motion, #364 Memorandum in Opposition to Motion requesting to seal portions of Memorandum of Law in Opposition and Exhibit 1 to Declaration of Adeel A. Mangi by Appian Corporation.(Mangi, Adeel) |
| Filing 365 AFFIDAVIT of Adeel A. Mangi in Opposition re #339 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM APPIAN'S AMENDED COUNTERCLAIMS filed by Appian Corporation. (Attachments: #1 Exhibit 1 - Transcript of John Petronio Deposition (filed under seal))(Mangi, Adeel) |
| Filing 364 MEMORANDUM in Opposition re #339 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM APPIAN'S AMENDED COUNTERCLAIMS (redacted) filed by Appian Corporation. (Mangi, Adeel) |
| Filing 363 Magistrate Judge M. Page Kelley: ELECTRONIC ORDER entered. The court allowed #358 Appian Corporation's request to file a sealed supplemental submission regarding #301 Pegasystems Inc.'s motion to compel no later than July 9, 2021. The court allows #362 Pegasystems's request to file a sealed response to Appian's forthcoming sealed supplemental submission. Pegasystems's response shall be filed no later than July 16, 2021. Appian's reply, if any, shall be filed no later than July 21, 2021. In the future, the parties shall not file letters in lieu of motions. (MPK, law1) |
| Filing 362 Letter/request (non-motion) from August T. Horvath in response to Appian's request for leave to file supplemental submission (D.E. 358). (Horvath, August) |
| Filing 361 Magistrate Judge M. Page Kelley: ELECTRONIC ORDER entered. #358 Request to file sealed supplemental submission, the request is allowed.(Belmont, Kellyann) |
| Filing 358 Letter/request (non-motion) from Adeel A. Mangi to Magistrate Judge Kelley seeking leave to file sealed supplemental submission on motion to compel taken under advisement. (Mangi, Adeel) |
| Filing 360 NOTICE is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above-captioned matter. Counsel are referred to the Court's Transcript Redaction Policy, available on the court website at #http://www.mad.uscourts.gov/attorneys/general-info.htm (Coppola, Katelyn) |
| Filing 359 SEALED Transcript of Motion Hearing held on June 28, 2021, before Chief Magistrate Judge M. Page Kelley. Court Reporter Name and Contact Information: Linda Walsh at lwalshsteno@gmail.com. Redaction Request due 7/22/2021. Redacted Transcript Deadline set for 8/2/2021. Release of Transcript Restriction set for 9/29/2021. (Coppola, Katelyn) Modified on 10/5/2021 to reflect that this version of the transcript has been sealed. Motion to seal granted by Judge 412 (Coppola, Katelyn). |
| Filing 357 Electronic Clerk's Notes for proceedings held before Magistrate Judge M. Page Kelley: Motion Hearing held via video on 6/28/2021. Court hears argument on #301 , Pegasystems' motion to compel, and takes the motion under further advisement. Court hears argument on #278 , Appian's motion to compel, and rules as follows. Request #112 is allowed, but the parties shall agree on an end date for the date range. Request #113 is overbroad and is denied. Request #114 is allowed. Request #121 is allowed. Request # 122 is allowed to the extent the documents and communications involve Appian. Request #123 is allowed except the parties shall confer to narrow it appropriately. Request #124 is allowed as to the five projects that Appian has identified, and other projects where Pegasystems knew it was competing against Appian. (Court Reporter: Linda Walsh at lwalshsteno@gmail.com.)(Attorneys present: Kristopher Austin, Nicole Kinsley, Adeel Mangi, Jonah Knobler, David Magee) (Belmont, Kellyann) |
| Filing 356 SEALED Memorandum in support of #351 Appian Corporation's Motion To Unseal Its Amended Answer And Counterclaim by Appian Corporation. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 4)(Belmont, Kellyann) |
| Filing 355 Magistrate Judge M. Page Kelley: ELECTRONIC ORDER entered granting #352 MOTION to Seal Document 351 MOTION to Unseal Document -- Appian Corporation's Motion To Unseal Its Amended Answer And Counterclaim by Appian Corporation. (Belmont, Kellyann) |
| Filing 354 SEALED Exhibits re #341 DECLARATION re 339 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM APPIAN'S AMENDED COUNTERCLAIMS by Nicole Kinsley by Pegasystems Inc.. (Main document: Exhibit A, Attachments: #1 Exhibit B, #2 Exhibit C, #3 Exhibit D, #4 Exhibit E, #5 Exhibit F, #6 Exhibit J, #7 Exhibit K, #8 Exhibit L, #9 Exhibit M, #10 Exhibit N, #11 Exhibit P, #12 Exhibit Q)(Belmont, Kellyann) |
| Filing 353 SEALED version of #340 MEMORANDUM in Support re #339 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM APPIAN'S AMENDED COUNTERCLAIMS filed by Pegasystems Inc. (Belmont, Kellyann) |
| Filing 352 MOTION to Seal Document #351 MOTION to Unseal Document -- Appian Corporation's Motion To Unseal Its Amended Answer And Counterclaim by Appian Corporation. (Attachments: #1 Declaration of Adeel A. Mangi)(Mangi, Adeel) |
| Filing 351 MOTION to Unseal Document -- Appian Corporation's Motion To Unseal Its Amended Answer And Counterclaim by Appian Corporation. (Attachments: #1 Memorandum in Support, #2 Declaration of Adeel Mangi, #3 Exhibit 1, filed under seal, #4 Exhibit 2, filed under seal, #5 Exhibit 3, to Mangi declaration, #6 Exhibit 4, filed under seal)(Mangi, Adeel) |
| Filing 350 Magistrate Judge M. Page Kelley: ELECTRONIC ORDER entered granting #347 Pegasystems' Unopposed Motion to File Under Seal Its Memorandum in Support of Its Motion for Leave and Certain Documents Submitted in Support Thereof. (MPK, law1) |
| Filing 349 Magistrate Judge M. Page Kelley: ELECTRONIC ORDER entered granting #342 Pegasystems' Unopposed Motion to File Under Seal Its Memorandum in Support of Its Motion to Dismiss and Certain Documents Submitted in Support Thereof. (MPK, law1) |
| Filing 348 AFFIDAVIT of Richard G. Baldwin in Support re #347 Consent MOTION to Seal Document #345 Affidavit in Support of Motion, #346 Memorandum in Support of Motion (Exhibit 1 to Baldwin Declaration and Memorandum in Support of Motion for Leave to Amend) filed by Pegasystems Inc.. (Baldwin, Richard) |
| Filing 347 Consent MOTION to Seal Document #345 Affidavit in Support of Motion, #346 Memorandum in Support of Motion (Exhibit 1 to Baldwin Declaration and Memorandum in Support of Motion for Leave to Amend) by Pegasystems Inc..(Baldwin, Richard) |
| Filing 346 MEMORANDUM in Support re #344 MOTION to Amend #55 Amended Complaint filed by Pegasystems Inc.. (Baldwin, Richard) |
| Filing 345 AFFIDAVIT of Richard G. Baldwin in Support re #344 MOTION to Amend #55 Amended Complaint filed by Pegasystems Inc.. (Attachments: #1 Exhibit 1 - Sealed Second Amended Complaint (SAC), #2 Exhibit A to SAC, #3 Exhibit B to SAC, #4 Exhibit C to SAC)(Baldwin, Richard) |
| Filing 344 MOTION to Amend #55 Amended Complaint by Pegasystems Inc..(Baldwin, Richard) |
| Filing 343 DECLARATION re #342 Consent MOTION to Seal by Nicole Kinsley by Pegasystems Inc.. (Kinsley, Nicole) |
| Filing 342 Consent MOTION to Seal by Pegasystems Inc..(Kinsley, Nicole) |
| Filing 341 DECLARATION re #339 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM APPIAN'S AMENDED COUNTERCLAIMS by Nicole Kinsley by Pegasystems Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q)(Kinsley, Nicole) |
| Filing 340 MEMORANDUM in Support re #339 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM APPIAN'S AMENDED COUNTERCLAIMS filed by Pegasystems Inc.. (Kinsley, Nicole) |
| Filing 339 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM APPIAN'S AMENDED COUNTERCLAIMS by Pegasystems Inc..(Kinsley, Nicole) |
| Filing 338 Magistrate Judge M. Page Kelley: ORDER entered re #336 Recommendations for Scheduling Order (Belmont, Kellyann) |
| Filing 337 ELECTRONIC NOTICE Resetting Hearing on Motion #301 MOTION to Compel Production of Documents Contradicting Appian's Allegations, #278 MOTION to Compel - Appian Corporation's Motion to Compel Discovery Relating to a Certain Customer : Motion Hearing set for 6/28/2021 12:30 PM in Remote Proceeding : Boston before Magistrate Judge M. Page Kelley. This hearing will be conducted by video conference. Counsel of record will receive a video conference invite at the email registered in CM/ECF. If you have technical or compatibility issues with the technology, please notify the session's courtroom deputy as soon as possible.Access to the hearing will be made available to the media and public. In order to gain access to the hearing, you must sign up at the following address: #https://forms.mad.uscourts.gov/courtlist.html. For questions regarding access to hearings, you may refer to the Court's general orders and public notices available on #www.mad.uscourts.gov or contact media@mad.uscourts.gov.(Belmont, Kellyann) |
| Filing 336 Recommendations for Scheduling Order - Joint Submission Regarding Proposed Amended Case Schedule. (Mangi, Adeel) |
| Filing 335 SEALED Corrected version (with attachments) of #333 SEALED APPIAN CORPORATION'S AMENDED ANSWER TO FIRST AMENDED COMPLAINT AND AMENDED COUNTERCLAIM. (Belmont, Kellyann) |
| Filing 334 ELECTRONIC NOTICE Cancelling Hearing. Due to a conflict in the Court's schedule the Motion hearing set for 6/25/21 in front of Chief Magistrate Judge Kelley is cancelled and will be rescheduled. (Belmont, Kellyann) |
| Filing 333 SEALED APPIAN CORPORATION'S AMENDED ANSWER TO FIRST AMENDED COMPLAINT AND AMENDED COUNTERCLAIM. (Belmont, Kellyann) |
| Filing 332 Magistrate Judge M. Page Kelley: ELECTRONIC ORDER entered granting #331 Appian Corporation's Unopposed Motion to Temporarily File Under Seal. Appian Corporation's amended answer and counterclaim shall be filed under seal pending the court's ruling on Appian Corporation's anticipated motion to unseal. (MPK, law1) |
| Filing 331 MOTION to Seal - Appian Corporation's Unopposed Motion to Temporarily File Under Seal its Amended Answer and Counterclaim Pending Ruling on Appian's Anticipated Motion to Unseal by Appian Corporation. (Attachments: #1 Declaration of Adeel A. Mangi)(Mangi, Adeel) |
| Filing 330 ELECTRONIC NOTICE Setting Hearing on Motion #301 MOTION to Compel Production of Documents Contradicting Appian's Allegations, #278 MOTION to Compel - Appian Corporation's Motion to Compel Discovery Relating to a Certain Customer : Motion Hearing set for 6/25/2021 02:00 PM in Remote Proceeding : Boston before Magistrate Judge M. Page Kelley. This hearing will be conducted by video conference. Counsel of record will receive a video conference invite at the email registered in CM/ECF. If you have technical or compatibility issues with the technology, please notify the session's courtroom deputy as soon as possible.Access to the hearing will be made available to the media and public. In order to gain access to the hearing, you must sign up at the following address: #https://forms.mad.uscourts.gov/courtlist.html. For questions regarding access to hearings, you may refer to the Court's general orders and public notices available on #www.mad.uscourts.gov or contact media@mad.uscourts.gov.(Belmont, Kellyann) |
| Filing 329 Magistrate Judge M. Page Kelley: ELECTRONIC ORDER entered. #232 , motion to amend answer to amended complaint and counterclaim by Appian, is allowed. As the scheduling order in this case does not set out a deadline for the amendment of pleadings, the court applies the standard set out in Fed. R. Civ. P. 15(a)(2), that is, leave should be freely given "when justice so requires." U.S. ex rel. D'Agostino v. EV3, Inc. , 802 F. 3d 188, 194 (1st Cir. 2015). The motion is not "characterized by 'undue delay, bad faith, futility [or] the absence of due diligence on the movant's part.'" Calderon-Serra v. Wilmington Trust Co., 715 F.3d 14, 19 (1st Cir. 2013) (quoting Palmer v. Champion Mortg., 465 F.3d 24, 30 (1st Cir. 2006)). Given that Appian filed the motion soon after receiving pertinent discovery, the court finds that there was not undue delay in Appian's filing of the motion. "Futility" means that the counterclaim, as amended, fails to state a claim on which relief could be granted. Glassman v. Computervision Corp., 90 F.3d 617, 623 (1st Cir. 1996). The record and argument before the court are not sufficiently developed for the court to find that the proposed amendments are futile; Pegasystems states that it intends to file a motion to dismiss. Neither can the court find, based on the record before it, that Pegasystems would be unduly prejudiced by the allowance of the motion.The parties shall confer regarding further discovery and shall also confer regarding #278 , Appian's motion to compel, and #301 , Pegasystems' motion to compel, and shall file a brief joint status report by June 23, 2021, reporting whether they have narrowed the issues in the pending discovery motions and what further motions the parties may file. The court will hold a status conference on Friday, June 25, 2021, at 2:00 p.m. to address the two outstanding discovery motions and set further dates in the case. The court will consider a short continuance for the deadline for fact discovery but no other deadlines in the case shall be extended. The deadline for motions to amend the pleadings is June 24, 2021. Any motion to dismiss Appian's amended answer and counterclaim must be filed by June 24, 2021, any opposition shall be filed by July 8, 2021. (Belmont, Kellyann) |
| Filing 328 Supplemental MEMORANDUM in Opposition re #232 MOTION to Amend #71 Answer to Amended Complaint,, Counterclaim, filed by Pegasystems Inc.. (Patel, Mital) |
| Filing 327 Magistrate Judge M. Page Kelley: ELECTRONIC ORDER entered granting #326 Pegasystems Inc.'s Consent Motion to Extend. Pegasystem Inc.'s reply to #319 Supplemental Memorandum of Law in Support of Appian Corporation's Motion for Leave to Amend Its Answer and Counterclaim shall be filed by May 26, 2021. (MPK, law1) |
| Filing 326 Consent MOTION for Extension of Time to May 26, 2021 to File Response/Reply as to #319 Memorandum in Support of Motion by Pegasystems Inc..(Kinsley, Nicole) |
| Filing 325 SEALED Exhibits re #320 Supplemental AFFIDAVIT of Adeel A. Mangi in Support re #232 MOTION to Amend 71 Answer to Amended Complaint, Counterclaim, filed by Appian Corporation. (Main document: Exhibit 12, Attachments: #1 Exhibit 13, #2 Exhibit 14, #3 Exhibit 15, #4 Exhibit 16, #5 Exhibit 17, #6 Exhibit 18, #7 Exhibit 19, #8 Exhibit 20, #9 Exhibit 21, #10 Exhibit 22, #11 Exhibit 23, #12 Exhibit 24)(Belmont, Kellyann) |
| Filing 324 SEALED version of #319 Supplemental MEMORANDUM in Support re 232 MOTION to Amend 71 Answer to Amended Complaint, Counterclaim, filed by Appian Corporation. (Belmont, Kellyann) |
| Filing 323 NOTICE of Appearance by Richard G. Baldwin on behalf of Pegasystems Inc. (Baldwin, Richard) |
| Filing 322 Magistrate Judge M. Page Kelley: ELECTRONIC ORDER entered granting #321 Appian Corporation's Unopposed Motion to File Under Seal Certain Documents from Its Supplemental Filing in Support of Its Motion for Leave to Amend. (MPK, law1) |
| Filing 321 Consent MOTION to Seal Certain Documents from its Supplemental Filing in Support of its Motion for Leave to Amend by Appian Corporation. (Attachments: #1 Affidavit of Adeel A. Mangi)(Mangi, Adeel) |
| Filing 320 Supplemental AFFIDAVIT of Adeel A. Mangi in Support re #232 MOTION to Amend #71 Answer to Amended Complaint,, Counterclaim, filed by Appian Corporation. (Attachments: #1 Exhibit 12 - the transcript of the May 11, 2021 hearing in the above-captioned case, #2 Exhibit 13 - PEGA00002936, #3 Exhibit 14 - PEGA00002866, #4 Exhibit 15 - PEGA00004360, #5 Exhibit 16 - PEGA00004369, #6 Exhibit 17 - PEGA00005702, #7 Exhibit 18 - PEGA00008845, #8 Exhibit 19 - PEGA00011295, #9 Exhibit 20 - PEGA00003115, #10 Exhibit 21 - PEGA00003162, #11 Exhibit 22 - PEGA00003191, #12 Exhibit 23 - PEGA00003251, #13 Exhibit 24 - PEGA00003340)(Mangi, Adeel) |
| Filing 319 Supplemental MEMORANDUM in Support re #232 MOTION to Amend #71 Answer to Amended Complaint,, Counterclaim, filed by Appian Corporation. (Mangi, Adeel) |
| Filing 318 NOTICE is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above-captioned matter. Counsel are referred to the Court's Transcript Redaction Policy, available on the court website at #http://www.mad.uscourts.gov/attorneys/general-info.htm (Coppola, Katelyn) |
| Filing 317 SEALED Transcript of Video Hearing held on May 11, 2021, before Chief Magistrate Judge M. Page Kelley. Court Reporter Name and Contact Information: Alice Moran at alice.moran@verizon.net. Redaction Request due 6/2/2021. Redacted Transcript Deadline set for 6/14/2021. (Coppola, Katelyn) Modified on 10/5/2021 to reflect that this version of the transcript has been sealed. Motion to seal granted by Judge 412 (Coppola, Katelyn). |
| Filing 316 Electronic Clerk's Notes for proceedings held before Magistrate Judge M. Page Kelley: Motion Hearing held via video on 5/11/2021. Court hears argument on #232 , Appian's motion to amend. Appian will file a further brief by Wednesday, May 19 and Pegasystems may file a reply by Monday, May 24. The court takes the motion under advisement. Concerning #278 , Appian's motion to compel, and #301 , Pegasystem's motion to compel, the court takes the motions under advisement. Concerning #304 , Appian's request to increase the number of depositions from 10 to 15, the court allows both sides to take 13 depositions. (Court Reporter: Alice Moran alice.moran@verizon.net.)(Attorneys present: Kristopher Austin, Nicole Kinsley, Adeel Mangi, Jonah Knobler, Daniel Eisenberg, David Magee) (Belmont, Kellyann) |
| Filing 315 AFFIDAVIT of Adeel Mangi in Opposition re #301 MOTION to Compel Production of Documents Contradicting Appian's Allegations filed by Appian Corporation. (Attachments: #1 Exhibit 1, Appians Set of Expedited Discovery Requests for Production from Pegasystems, #2 Exhibit 2, Excerpts from the October 1, 2020 Hearing Transcript, #3 Exhibit 3, LinkedPost of Thomas Libretto, #4 Exhibit 4, Universal Hub Blog Post dated December 5, 2019, #5 Exhibit 5, Excerpts from the April 21, 2021 Deposition Transcript of Thomas Libretto, #6 Exhibit 6, January 15, 2021 Letter from M. Sochnysky to N. Kinsley)(Mangi, Adeel) |
| Filing 314 MEMORANDUM in Opposition re #301 MOTION to Compel Production of Documents Contradicting Appian's Allegations filed by Appian Corporation. (Mangi, Adeel) |
| Filing 313 Judge Patti B. Saris: ELECTRONIC ORDER entered granting #312 Motion for Leave to Appear Pro Hac Vice; Added Mital B. Patel. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Baker, Casey) |
| Filing 312 Assented to MOTION for Leave to Appear Pro Hac Vice for admission of Mital B. Patel Filing fee: $ 100, receipt number 0101-8757815 by Pegasystems Inc..(Austin, Kristopher) |
| Filing 311 ELECTRONIC NOTICE Setting Hearing on Motions #301 MOTION to Compel Production of Documents Contradicting Appian's Allegations, #232 MOTION to Amend #71 Answer to Amended Complaint,, Counterclaim, , #278 MOTION to Compel - Appian Corporation's Motion to Compel Discovery Relating to a Certain Customer, #304 Letter to Court : Motion Hearing set for 5/11/2021 03:00 PM in Remote Proceeding : Boston before Magistrate Judge M. Page Kelley. This hearing will be conducted by video conference. Counsel of record will receive a video conference invite at the email registered in CM/ECF. If you have technical or compatibility issues with the technology, please notify the session's courtroom deputy as soon as possible.Access to the hearing will be made available to the media and public. In order to gain access to the hearing, you must sign up at the following address: #https://forms.mad.uscourts.gov/courtlist.html. For questions regarding access to hearings, you may refer to the Court's general orders and public notices available on #www.mad.uscourts.gov or contact media@mad.uscourts.gov.(Belmont, Kellyann) |
| Filing 310 SEALED version of #305 SUR-REPLY to Motion re #278 MOTION to Compel - Appian Corporation's Motion to Compel Discovery Relating to a Certain Customer filed by Pegasystems Inc. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8)(Belmont, Kellyann) |
| Filing 309 Magistrate Judge M. Page Kelley: ELECTRONIC ORDER entered granting #307 Pegasystems' Unopposed Motion to File Under Seal Its Surreply (MPK, law1) |
| Filing 308 AFFIDAVIT of Neil Austin in Support re #307 Consent MOTION to Seal Document #305 Sur-Reply to Motion, #306 Affidavit in Opposition to Motion, requesting to seal portions of Pegasystems' Sur-reply to Motion to Compel and Exhibits 1-8 to Declaration of Neil Austin filed by Pegasystems Inc.. (Austin, Kristopher) |
| Filing 307 Consent MOTION to Seal Document #305 Sur-Reply to Motion, #306 Affidavit in Opposition to Motion, requesting to seal portions of Pegasystems' Sur-reply to Motion to Compel and Exhibits 1-8 to Declaration of Neil Austin by Pegasystems Inc..(Austin, Kristopher) |
| Filing 306 AFFIDAVIT of Neil Austin in Opposition re #278 MOTION to Compel - Appian Corporation's Motion to Compel Discovery Relating to a Certain Customer filed by Pegasystems Inc.. (Attachments: #1 Exhibit 1 (Sealed), #2 Exhibit 2 (Sealed), #3 Exhibit 3 (Sealed), #4 Exhibit 4 (Sealed), #5 Exhibit 5 (Sealed), #6 Exhibit 6 (Sealed), #7 Exhibit 7 (Sealed), #8 Exhibit 8 (Sealed))(Austin, Kristopher) |
| Filing 305 SUR-REPLY to Motion re #278 MOTION to Compel - Appian Corporation's Motion to Compel Discovery Relating to a Certain Customer filed by Pegasystems Inc.. (Austin, Kristopher) |
| Filing 304 Letter/request (non-motion) from Adeel A. Mangi to Magistrate Judge Kelley requesting enlargement of default limit on depositions. (Mangi, Adeel) |
| Filing 303 AFFIDAVIT in Support re #301 MOTION to Compel Production of Documents Contradicting Appian's Allegations filed by Pegasystems Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Kinsley, Nicole) |
| Filing 302 MEMORANDUM in Support re #301 MOTION to Compel Production of Documents Contradicting Appian's Allegations filed by Pegasystems Inc.. (Kinsley, Nicole) |
| Filing 301 MOTION to Compel Production of Documents Contradicting Appian's Allegations by Pegasystems Inc..(Kinsley, Nicole) |
| Filing 300 Judge Patti B. Saris: ELECTRONIC ORDER entered granting #299 Motion for Leave to Appear Pro Hac Vice; Added Bonita L. Robinson. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Baker, Casey) |
| Filing 299 MOTION for Leave to Appear Pro Hac Vice for admission of Bonita Robinson Filing fee: $ 100, receipt number 0101-8735437 by Appian Corporation. (Attachments: #1 Exhibit Certification)(Madden, Timothy) |
| Filing 298 SEALED version of #295 REPLY to Response to 278 MOTION to Compel - Appian Corporation's Motion to Compel Discovery Relating to a Certain Customer filed by Appian Corporation. (Attachments: #1 Exhibit 21, #2 Exhibit 22, #3 Exhibit 23, #4 Exhibit 24)(Belmont, Kellyann) |
| Filing 297 Magistrate Judge M. Page Kelley: ELECTRONIC ORDER entered granting #296 Appian Corporation's Unopposed Motion to File Under Seal. (MacDougall, Patricia) |
| Filing 296 Consent MOTION to Seal Document #295 Reply to Response to Motion,, by Appian Corporation. (Attachments: #1 Declaration of Adeel A. Mangi)(Mangi, Adeel) |
| Filing 295 REPLY to Response to #278 MOTION to Compel - Appian Corporation's Motion to Compel Discovery Relating to a Certain Customer (Redacted) filed by Appian Corporation. (Attachments: #1 Reply Declaration of Adeel A. Mangi, #2 Exhibit 21, Letter from Nicole Kinsley dated February 15, 2021 (Filed Under Seal), #3 Exhibit 22, PEGA00006597 (Filed Under Seal), #4 Exhibit 23, PEGA0006503 (Filed Under Seal), #5 Exhibit 24, PEGA0006605 (Filed Under Seal), #6 Exhibit 25, Letter from Nicole Kinsley dated December 2, 2020)(Mangi, Adeel) |
| Filing 294 Magistrate Judge M. Page Kelley: ELECTRONIC ORDER entered granting #293 Joint Motion for Leave to File. Reply is due April 14, 2021. Any surreply is due April 23, 2021. Any filing should be no longer than eight (8) pages in length. (MPK, law1) |
| Filing 293 Joint MOTION for Leave to File Reply and Surreply Briefing on Appian's 3/22/21 Motion to Compel by Appian Corporation. (Attachments: #1 Text of Proposed Order)(Mangi, Adeel) |
| Filing 292 SEALED Opposition re #278 Appian Corporation's Motion to Compel Discovery Relating to a Certain Customer filed by Pegasystems Inc. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12)(Belmont, Kellyann) |
| Filing 290 Magistrate Judge M. Page Kelley: ELECTRONIC ORDER entered granting #288 Pegasystems' Unopposed Motion to File Under Seal to the extent that an unredacted copy of its Opposition and Certain Documents Submitted in Support may be filed under seal. (MacDougall, Patricia) |
| Filing 289 AFFIDAVIT of Neil Austin in Support re #288 Consent MOTION to Seal Document #285 Opposition to Motion, #286 Affidavit in Opposition to Motion,, requesting to seal portions of Pegasystems' Opposition to Motion to Compel and Exhibits 1-12 to Declaration of Neil Austin filed by Pegasystems Inc.. (Austin, Kristopher) |
| Filing 288 Consent MOTION to Seal Document #285 Opposition to Motion, #286 Affidavit in Opposition to Motion,, requesting to seal portions of Pegasystems' Opposition to Motion to Compel and Exhibits 1-12 to Declaration of Neil Austin by Pegasystems Inc..(Austin, Kristopher) |
| Filing 287 AFFIDAVIT of James Sinur in Opposition re #278 MOTION to Compel - Appian Corporation's Motion to Compel Discovery Relating to a Certain Customer filed by Pegasystems Inc.. (Austin, Kristopher) |
| Filing 286 AFFIDAVIT of Neil Austin in Opposition re #278 MOTION to Compel - Appian Corporation's Motion to Compel Discovery Relating to a Certain Customer filed by Pegasystems Inc.. (Attachments: #1 Exhibit 1 (Sealed), #2 Exhibit 2 (Sealed), #3 Exhibit 3 (Sealed), #4 Exhibit 4 (Sealed), #5 Exhibit 5 (Sealed), #6 Exhibit 6 (Sealed), #7 Exhibit 7 (Sealed), #8 Exhibit 8 (Sealed), #9 Exhibit 9 (Sealed), #10 Exhibit 10 (Sealed), #11 Exhibit 11 (Sealed), #12 Exhibit 12 (Sealed))(Austin, Kristopher) |
| Filing 285 Opposition re #278 MOTION to Compel - Appian Corporation's Motion to Compel Discovery Relating to a Certain Customer filed by Pegasystems Inc.. (Austin, Kristopher) |
| Filing 284 Magistrate Judge M. Page Kelley: ELECTRONIC ORDER entered granting #281 Appian Corporation's Unopposed Motion to File Under Seal. Counsel will receive an email within twenty-four (24) hours of this order with instructions for submitting sealed documents for which leave has been granted in accordance with the Local Rules of the U.S. District Court of Massachusetts. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (MacDougall, Patricia) |
| Filing 281 MOTION to Seal - Appian Corporation's Unopposed Motion To File Under Seal Certain Documents Submitted In Support Of Its Motion To Compel Discovery Related To A Certain Customer by Appian Corporation. (Attachments: #1 Affidavit of Adeel Mangi)(Mangi, Adeel) |
| Filing 280 AFFIDAVIT in Support re #278 MOTION to Compel - Appian Corporation's Motion to Compel Discovery Relating to a Certain Customer (Exhibits filed under seal) filed by Appian Corporation. (Attachments: #1 Exhibit 1, PEGA00007115, #2 Exhibit 2, PEGA00006631, #3 Exhibit 3,PEGA00007217, #4 Exhibit 4, PEGA00007154, #5 Exhibit 5, Pegasystems' Responses and Objections, #6 Exhibit 6, PEGA00006507, #7 Exhibit 7,PEGA00006605, #8 Exhibit 8,PEGA00006570, #9 Exhibit 9,PEGA00007205, #10 Exhibit 10, PEGA00005437, #11 Exhibit 11, PEGA00006526, #12 Exhibit 12, PEGA00006597, #13 Exhibit 13, PEGA00007193, #14 Exhibit 14, PEGA00002707, #15 Exhibit 15, APPN00005923, #16 Exhibit 16, APPN00005535, #17 Exhibit 17, APPN00005556, #18 Exhibit 18, Appian's Second Set of Requests, #19 Exhibit 19, letter from Nicole Kinsley, #20 Exhibit 20, PEGA00006643)(Mangi, Adeel) |
| Filing 279 MEMORANDUM in Support re #278 MOTION to Compel - Appian Corporation's Motion to Compel Discovery Relating to a Certain Customer (redacted) filed by Appian Corporation. (Mangi, Adeel) |
| Filing 278 MOTION to Compel - Appian Corporation's Motion to Compel Discovery Relating to a Certain Customer by Appian Corporation.(Mangi, Adeel) |
| Filing 283 REPORT of Alternative Dispute Resolution Provider. (Figueroa, Tamara) |
| Filing 277 ELECTRONIC NOTICE of ADR Conference: Alternative Dispute Resolution Hearing set for 3/19/2021 at 10:00 AM before Magistrate Judge Kenneth P. Neiman. (Figueroa, Tamara) |
| Filing 275 Judge Patti B. Saris: ELECTRONIC ORDER entered granting #272 Motion for Leave to Appear Pro Hac Vice; Added Daniel M. Eisenberg. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Baker, Casey) |
| Filing 274 ELECTRONIC NOTICE of ADR Conference:Alternative Dispute Resolution Hearing set for 3/11/2021 at 10:00 AM before Magistrate Judge Kenneth P. Neiman. (Figueroa, Tamara) |
| Filing 272 MOTION for Leave to Appear Pro Hac Vice for admission of Daniel M. Eisenberg Filing fee: $ 100, receipt number 0101-8661943 by Appian Corporation. (Attachments: #1 Exhibit (Certification))(Madden, Timothy) |
| Filing 271 SEALED Exhibits re #266 AFFIDAVIT of Neil Austin in Opposition re #232 MOTION to Amend #71 Answer to Amended Complaint,, Counterclaim, filed by Pegasystems Inc. (Main document: Exhibit 1 Attachments: #1 Exhibit 2, #2 Exhibit 3, #3 Exhibit 4, #4 Exhibit 5, #5 Exhibit 6, #6 Exhibit 7, #7 Exhibit 8, #8 Exhibit 9, #9 Exhibit 10)(Belmont, Kellyann) |
| Filing 270 SEALED version of #265 SUR-REPLY to Motion re #232 MOTION to Amend #71 Answer to Amended Complaint, Counterclaim, filed by Pegasystems Inc. (Belmont, Kellyann) |
| Filing 269 Magistrate Judge M. Page Kelley: ELECTRONIC ORDER entered granting #267 Pegasystems' Unopposed Motion to File under Seal. (MacDougall, Patricia) |
| Filing 268 AFFIDAVIT in Support re #267 Consent MOTION to Seal Document #266 Affidavit in Opposition to Motion, #265 Sur-Reply to Motion requesting to seal portions of Pegasystems' Sur-Reply to Motion to Amend and Exhibits 1-10 to Declaration of Neil Austin filed by Pegasystems Inc.. (Austin, Kristopher) |
| Filing 267 Consent MOTION to Seal Document #266 Affidavit in Opposition to Motion, #265 Sur-Reply to Motion requesting to seal portions of Pegasystems' Sur-Reply to Motion to Amend and Exhibits 1-10 to Declaration of Neil Austin by Pegasystems Inc..(Austin, Kristopher) |
| Filing 266 AFFIDAVIT of Neil Austin in Opposition re #232 MOTION to Amend #71 Answer to Amended Complaint,, Counterclaim, filed by Pegasystems Inc.. (Attachments: #1 Exhibit 1 (Sealed), #2 Exhibit 2 (Sealed), #3 Exhibit 3 (Sealed), #4 Exhibit 4 (Sealed), #5 Exhibit 5 (Sealed), #6 Exhibit 6 (Sealed), #7 Exhibit 7 (Sealed), #8 Exhibit 8 (Sealed), #9 Exhibit 9 (Sealed), #10 Exhibit 10 (Sealed))(Austin, Kristopher) |
| Filing 265 SUR-REPLY to Motion re #232 MOTION to Amend #71 Answer to Amended Complaint,, Counterclaim, filed by Pegasystems Inc.. (Austin, Kristopher) |
| Filing 264 Electronic Clerk's Notes for proceedings held before Magistrate Judge Kenneth P. Neiman: Telephone Conference held on 2/25/2021 between the mediator and attorneys. (Court Reporter: None.) (Figueroa, Tamara) |
| Filing 263 ELECTRONIC NOTICE of ADR Conference: Telephone Conference set for 2/25/2021 at 4:00 PM before Magistrate Judge Kenneth P. Neiman. Call In information sent to parties participating in Telephone Conference. (Figueroa, Tamara) |
| Filing 260 REPLY to Response to #232 MOTION to Amend #71 Answer to Amended Complaint,, Counterclaim, (REDACTED) filed by Appian Corporation. (Attachments: #1 Exhibit 1, Letter from Kinsley to Sochynsky regarding discovery issues dated 2/15/21 (REDACTED))(Mangi, Adeel) |
| Filing 259 Magistrate Judge M. Page Kelley: ELECTRONIC ORDER entered granting #257 Motion to Seal. The court has sealed # #255 and 256-1. Appian should file redacted copies on the public docket. (Belmont, Kellyann) |
| Filing 258 AFFIDAVIT in Support re #257 MOTION to Seal or Strike Certain Documents Previously Filed in Further Support of its Motion for Leave to Amend its Answer and Counterclaim (Unopposed) filed by Appian Corporation. (Mangi, Adeel) |
| Filing 257 MOTION to Seal or Strike Certain Documents Previously Filed in Further Support of its Motion for Leave to Amend its Answer and Counterclaim (Unopposed) by Appian Corporation.(Mangi, Adeel) |
| Filing 262 NOTICE is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above-captioned matter. Counsel are referred to the Court's Transcript Redaction Policy, available on the court website at #http://www.mad.uscourts.gov/attorneys/general-info.htm (Coppola, Katelyn) |
| Filing 261 Transcript of Motion Hearing held on January 29, 2021, before Chief Magistrate Judge M. Page Kelley. The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Court Reporter Name and Contact Information: Kristin Kelley at kmob929@gmail.com. Redaction Request due 3/12/2021. Redacted Transcript Deadline set for 3/22/2021. Release of Transcript Restriction set for 5/20/2021. (Coppola, Katelyn) |
| Filing 256 AFFIDAVIT of Adeel A. Mangi in Support re #232 MOTION to Amend #71 Answer to Amended Complaint,, Counterclaim, - Reply Declaration in Further Support of Motion filed by Appian Corporation. (Attachments: #1 Exhibit 1 - 2/15/21 Letter from N. Kinsley to M. Sochynsky, #2 Exhibit 2 - 2/11/21 Letter from N. Kinsley to M. Sochynsky)(Mangi, Adeel) |
| Filing 255 REPLY to Response to #232 MOTION to Amend #71 Answer to Amended Complaint,, Counterclaim, filed by Appian Corporation. (Mangi, Adeel) |
| Filing 254 ELECTRONIC NOTICE of ADR Conference: Telephone Conference set for 2/25/2021 at 4:00 PM before Magistrate Judge Kenneth P. Neiman. (Figueroa, Tamara) |
| Filing 253 Electronic Clerk's Notes for proceedings held before Magistrate Judge Kenneth P. Neiman: Telephone Conference held on 2/17/2021 with Attorneys. Further Telephone Conference scheduled for 2/25/21 at 4:00 PM. (Court Reporter: None.) (Figueroa, Tamara) |
| Filing 252 ELECTRONIC NOTICE of ADR Conference: Telephone Conference set for 2/17/2021 at 3:00 PM before Magistrate Judge Kenneth P. Neiman. (Figueroa, Tamara) |
| Filing 251 Magistrate Judge M. Page Kelley: ELECTRONIC ORDER entered granting #250 Joint Motion for Leave to File Reply and Surreply. Appian shall file a reply brief on the Motion for Leave to Amend the Answer and Counterclaim on or before the close of business on February 19, 2021. Pegasystems shall file a surreply, if any, on or before the close of business on March 1, 2021. The reply and surreply shall each be no longer than eight (8) pages in length. (MacDougall, Patricia) |
| Filing 250 Joint MOTION for Leave to File Reply and Surreply Briefing on Appian's Motion for Leave to Amend its Answer and Counterclaim by Appian Corporation. (Attachments: #1 Proposed Order)(Mangi, Adeel) |
| Filing 249 SEALED exhibits re#244 AFFIDAVIT of Neil Austin in Opposition re #232 MOTION to Amend #71 Answer to Amended Complaint, Counterclaim, filed by Pegasystems Inc (Main document: Exhibit 1. Attachments: #1 Exhibit 2, #2 Exhibit 3, #3 Exhibit 4, #4 Exhibit 5, #5 Exhibit 6, #6 Exhibit 7, #7 Exhibit 8, #8 Exhibit 9, #9 Exhibit 10, #10 Exhibit 12, #11 Exhibit 13, #12 Exhibit 14, #13 Exhibit 15, #14 Exhibit 16, #15 Exhibit 17)(Belmont, Kellyann) (Additional attachment(s) added on 2/11/2021: #16 Exhibit 11) (Belmont, Kellyann). |
| Filing 248 SEALED version of#243 Opposition re #232 MOTION to Amend #71 Answer to Amended Complaint, Counterclaim, filed by Pegasystems Inc. (Belmont, Kellyann) |
| Filing 247 Magistrate Judge M. Page Kelley: ELECTRONIC ORDER entered granting #245 Pegasystems' Unopposed Motion to File Under Seal. (MacDougall, Patricia) |
| Filing 246 AFFIDAVIT of Neil Austin in Support re #245 Consent MOTION to Seal Document #243 Opposition to Motion, #244 Affidavit in Opposition to Motion,, requesting to seal portions of Pegasystems' Opposition to Motion to Amend and Exhibits 1-17 to Declaration of Neil Austin filed by Pegasystems Inc.. (Austin, Kristopher) |
| Filing 245 Consent MOTION to Seal Document #243 Opposition to Motion, #244 Affidavit in Opposition to Motion,, requesting to seal portions of Pegasystems' Opposition to Motion to Amend and Exhibits 1-17 to Declaration of Neil Austin by Pegasystems Inc..(Austin, Kristopher) |
| Filing 244 AFFIDAVIT of Neil Austin in Opposition re #232 MOTION to Amend #71 Answer to Amended Complaint,, Counterclaim, filed by Pegasystems Inc.. (Attachments: #1 Exhibit 1 (Sealed), #2 Exhibit 2 (Sealed), #3 Exhibit 3 (Sealed), #4 Exhibit 4 (Sealed), #5 Exhibit 5 (Sealed), #6 Exhibit 6 (Sealed), #7 Exhibit 7 (Sealed), #8 Exhibit 8 (Sealed), #9 Exhibit 9 (Sealed), #10 Exhibit 10 (Sealed), #11 Exhibit 11 (Sealed), #12 Exhibit 12 (Sealed), #13 Exhibit 13 (Sealed), #14 Exhibit 14 (Sealed), #15 Exhibit 15 (Sealed), #16 Exhibit 16 (Sealed), #17 Exhibit 17 (Sealed))(Austin, Kristopher) |
| Filing 243 Opposition re #232 MOTION to Amend #71 Answer to Amended Complaint,, Counterclaim, filed by Pegasystems Inc.. (Austin, Kristopher) |
| Filing 242 Electronic Clerk's Notes for proceedings held before Magistrate Judge M. Page Kelley via video 1/29/2021: The court hears argument from the parties concerning docket nos. #218 , #226 , #230 , Appian's request for clarification concerning the court's discovery order of October 1, 2020. The court previously ordered Pegasystems to provide Appian with "communications mentioning Appian from customers whom Pegasystems identifies as having been deceived or confused by the BPM.com Report." The purpose of this order was to ensure that if Pegasystems identified certain customers as having been deceived or confused by the report, that those customers did not also have communications with Pegasystems about Appian that showed that they were not misled by the report, the customers did not rely on the report, or the customers preferred Appian for reasons having nothing to do with the report.Appian complains that Pegasystems only provided Appian with the names of three specific customers that it claims were deceived or misled by the report. Appian now asks for communications between those customers and Pegasystems mentioning Appian for two years prior to the customers' exposure to the report. Pegasystems argues that it provided Appian with communications mentioning Appian from the time of exposure to the present, and that is sufficient. The court finds that Pegasystems should provide Appian with communications with those three customers pre-dating their exposure to the report for a period of six months.The court declines to order Pegasystems to provide such information for all customers known to have been exposed to the report.The court warns Pegasystems that if, in the future, it uncovers additional customers who were misled or confused by the report, it should be able to articulate why it did not previously produce the names of those customers.The court notes that the parties have a mediation scheduled in March. If they wish to contact the magistrate judge assigned to the mediation and discuss the possibility of including other cases, being litigated elsewhere, in that mediation, they should feel free to do so. (Court Reporter: Kristin Kelley at kmob929@gmail.com.)(Attorneys present: Nicole Kinsley,August Horvath, Adeel Mangi, Sara Arrow, Michael Sochynsky, David Magee) (Belmont, Kellyann) |
| Filing 241 Magistrate Judge M. Page Kelley: Protective ORDER entered granting #237 Motion for Protective Order (Belmont, Kellyann) |
| Filing 240 SEALED Exhibits 7,8,9 re #234 AFFIDAVIT of Adeel A. Mangi in Support re #232 MOTION to Amend #71 Answer to Amended Complaint,, Counterclaim, filed by Appian Corporation. (Main document: Exhibit 7. Attachments: #1 Exhibit 8, #2 Exhibit 9)(Belmont, Kellyann) |
| Filing 239 SEALED version of #233 MEMORANDUM in Support re #232 MOTION to Amend 71 Answer to Amended Complaint, Counterclaim, filed by Appian Corporation.(Belmont, Kellyann) |
| Filing 238 Magistrate Judge M. Page Kelley: ELECTRONIC ORDER entered granting #235 Appian Corporation's Unopposed Motion to File Under Seal Certain Documents. (MacDougall, Patricia) |
| Filing 237 Joint MOTION for Protective Order - Joint Motion for Entry of Supplemental Stipulated Protective Order by Appian Corporation. (Attachments: #1 Exhibit A - [Proposed] Supplemental Stipulated Protective Order)(Mangi, Adeel) |
| Filing 236 AFFIDAVIT of Adeel A. Mangi in Support re #235 Consent MOTION to Seal Document #234 Affidavit in Support of Motion,,,, #233 Memorandum in Support of Motion requesting to seal portions of Memorandum of Law in Support and Exhibits 7, 8, and 9 to Declaration of Adeel A. Mangi filed by Appian Corporation. (Mangi, Adeel) |
| Filing 235 Consent MOTION to Seal Document #234 Affidavit in Support of Motion,,,, #233 Memorandum in Support of Motion requesting to seal portions of Memorandum of Law in Support and Exhibits 7, 8, and 9 to Declaration of Adeel A. Mangi by Appian Corporation.(Mangi, Adeel) |
| Filing 234 AFFIDAVIT of Adeel A. Mangi in Support re #232 MOTION to Amend #71 Answer to Amended Complaint,, Counterclaim, filed by Appian Corporation. (Attachments: #1 Exhibit 1 - Pegasystems' Responses and Objections to Appian's First Set of Requests for Production, #2 Exhibit 2 - Pegasystems' Responses and Objections to Appian's First Set of Interrogatories, #3 Exhibit 3 - Pegasystems' Responses and Objections to Appian's First Set of Requests for Production Related to Appian's Surviving Counterclaims, #4 Exhibit 4 - Email correspondence between N. Kinsley and M. Sochynsky, #5 Exhibit 5 - Email correspondence from N. Kinsley dated November 12, 2020, #6 Exhibit 6 - Email correspondence from N. Kinsley dated December 4, 2020, #7 Exhibit 7- PEGA00007115 (filed under seal), #8 Exhibit 8 - Proposed Amended Answer and Counterclaim (filed under seal), #9 Exhibit 9 - Redline of Proposed Amended Answer and Counterclaim to ECF 71, #10 Exhibit 10 - Email correspondence between M. Sochynsky and N. Austin, #11 Exhibit 11 - Transcript from the January 4, 2021 Hearing, ECF 228)(Mangi, Adeel) |
| Filing 233 MEMORANDUM in Support re #232 MOTION to Amend #71 Answer to Amended Complaint,, Counterclaim, filed by Appian Corporation. (Mangi, Adeel) |
| Filing 232 MOTION to Amend #71 Answer to Amended Complaint,, Counterclaim, by Appian Corporation.(Mangi, Adeel) |
| Filing 231 ELECTRONIC NOTICE of Hearing. Hearing re #s #218 , #226 , and #230 set for 1/29/2021 11:00 AM in Remote Proceeding : Boston before Magistrate Judge M. Page Kelley. This hearing will be conducted by video conference. Counsel of record will receive a video conference invite at the email registered in CM/ECF. If you have technical or compatibility issues with the technology, please notify the session's courtroom deputy as soon as possible.Access to the hearing will be made available to the media and public. In order to gain access to the hearing, you must sign up at the following address: #https://forms.mad.uscourts.gov/courtlist.html. For questions regarding access to hearings, you may refer to the Court's general orders and public notices available on #www.mad.uscourts.gov or contact media@mad.uscourts.gov.(Belmont, Kellyann) |
| Filing 230 Letter/request (non-motion) from Adeel A. Mangi to The Honorable M. Page Kelley in reply in further support of Appian's letter concerning Pegasystems' second violation of the Court's October 1, 2020 discovery order . (Mangi, Adeel) |
| Filing 227 Magistrate Judge M. Page Kelley: ELECTRONIC ORDER entered granting #220 Motion for Leave to Appear Pro Hac Vice Added Sara A. Arrow. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Belmont, Kellyann) |
| Filing 226 Letter/request (non-motion) from Nicole Kinsley to the Honorable M. Page Kelley regarding the Court's Order, Dkt. 171. (Kinsley, Nicole) |
| Filing 229 NOTICE is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above-captioned matter. Counsel are referred to the Court's Transcript Redaction Policy, available on the court website at #http://www.mad.uscourts.gov/attorneys/general-info.htm (Coppola, Katelyn) |
| Filing 228 Transcript of Motion Hearing held on January 4, 2021, before Chief Magistrate Judge M. Page Kelley. The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Court Reporter Name and Contact Information: Robert Paschal at rwp.reporter@gmail.com. Redaction Request due 1/29/2021. Redacted Transcript Deadline set for 2/8/2021. Release of Transcript Restriction set for 4/8/2021. (Coppola, Katelyn) |
| Filing 225 Hearing date updated.(Belpedio, Lisa) |
| Filing 224 ELECTRONIC NOTICE Canceling Telephone Conference scheduled for 3/1/21 at 11:30AM. (Figueroa, Tamara) |
| Filing 223 Magistrate Judge Kenneth P. Neiman: ORDER entered. Order with Respect to Mediation. See Order for complete details. (Figueroa, Tamara) |
| Filing 222 ELECTRONIC NOTICE OF RESCHEDULING: Alternative Dispute Resolution Hearing set for 3/4/2021 at 10:00 AM in Remote Proceeding : Springfield before Magistrate Judge Kenneth P. Neiman. (Figueroa, Tamara) Modified on 1/8/2021 to reflect correct ADR date.(Figueroa, Tamara). |
| Filing 221 Notice of assignment to ADR Provider. Judge Kenneth P. Neiman appointed, case no longer referred to Judge Boal.(Belpedio, Lisa) |
| Filing 220 Assented to MOTION for Leave to Appear Pro Hac Vice for admission of Sara A. Arrow Filing fee: $ 100, receipt number 0101-8583907 by Appian Corporation. (Attachments: #1 Exhibit)(Madden, Timothy) |
| Filing 219 Electronic Clerk's Notes for proceedings held on 1/4/2021 before Magistrate Judge M. Page Kelley: The court holds a hearing on pending motions. Docket no. #207 , joint motion to amend case management order, is allowed, and the dates proposed by the parties are adopted. Docket no. #218 , a request by Appian to order Pegasystems to produce certain discovery, was not addressed at the hearing, as Pegasystems requested time to respond. Pegasystems shall respond by Monday, January 11, 2021, and Appian may have until Friday, January 15, 2021 to file a reply.The court hears argument on #176 , Appian's motion to interview John Petronio. The court denies the motion. The court does not have enough information to decide the question raised, for example, the court does not know what questions Mr. Petronio will be asked. Appian may interview Mr. Petronio at its own risk. Pegasystems proposes that the court schedule monthly discovery conferences and impose a requirement that the parties meet and confer prior to serving subpoenas. The court denies these requests without prejudice but warns the parties that if subpoenas are issued that wreak havoc in some way, the court will revisit the issue. In a November 24, 2020 email, Pegasystems requested relief from the court's previous order at docket no. 171 , that Pegasystems provide certain information to Appian. At the hearing, Pegasystems agreed that it will not produce any further data concerning the performance metrics for its own customers in the BPM report. However, the court orders Pegasystems and BPM to confer concerning what information BPM requires concerning Pegasystems' customers mentioned in the report and Pegasystems may produce further information as BPM requests. Pegasystems is relieved of the order to produce documents concerning comparable projects. Pegasystems is warned by the court that it should decide what its theory of the case is and produce information to defendants about that theory in a timely way, as this information should be produced well in advance of the taking of depositions in the case. (Court Reporter: Robert Paschal at rwp.reporter@gmail.com.)(Attorneys present: Kristopher Austin, Nicole Kinsley, August Horvath, Adeel Mangi, Jonah Knobler, Michael Sochynsky, David Magee) (Belmont, Kellyann) |
| Filing 218 Letter/request (non-motion) from Adeel A. Mangi to The Honorable M. Page Kelley re: the Court's October 1, 2020 discovery order. (Mangi, Adeel) |
| Filing 217 ELECTRONIC NOTICE of Hearing.This hearing will be conducted by video conference. Counsel of record will receive a video conference invite at the email registered in CM/ECF. If you have technical or compatibility issues with the technology, please notify the session's courtroom deputy as soon as possible.Access to the hearing will be made available to the media and public. In order to gain access to the hearing, you must sign up at the following address: #https://forms.mad.uscourts.gov/courtlist.html. For questions regarding access to hearings, you may refer to the Court's general orders and public notices available on #www.mad.uscourts.gov or contact media@mad.uscourts.gov.Hearing set for 1/4/2021 12:00 PM in Remote Proceeding : Boston before Magistrate Judge M. Page Kelley. (Belmont, Kellyann) |
| Filing 216 ELECTRONIC NOTICE Cancelling Hearing. The hearing set for 12/18/2020 in front of Chief Magistrate Judge Kelley is cancelled and will be rescheduled. (Belmont, Kellyann) |
| Filing 215 SEALED version of #211 SUR-REPLY to Motion re #176 MOTION for Discovery Motion Seeking the Court's Permission to Interview Former Pegasystems and Current Appian Employee John Petronio filed by Pegasystems Inc. (Attachments: #1 Exhibit A)(Belmont, Kellyann) |
| Filing 214 Magistrate Judge M. Page Kelley: ELECTRONIC ORDER entered granting #212 Unopposed Motion to File Pegasystems' Sur-Reply #211 under seal. (MacDougall, Patricia) |
| Filing 213 AFFIDAVIT of Neil Austin in Support re #212 MOTION to Seal Document #211 Sur-Reply to Motion, (UNOPPOSED) filed by Pegasystems Inc.. (Austin, Kristopher) |
| Filing 212 MOTION to Seal Document #211 Sur-Reply to Motion, (UNOPPOSED) by Pegasystems Inc..(Austin, Kristopher) |
| Filing 211 SUR-REPLY to Motion re #176 MOTION for Discovery Motion Seeking the Court's Permission to Interview Former Pegasystems and Current Appian Employee John Petronio filed by Pegasystems Inc.. (Attachments: #1 Exhibit A)(Austin, Kristopher) |
| Filing 210 STATUS REPORT with the Parties' Positions Regarding Court Order Dkt. 171 by Pegasystems Inc.. (Kinsley, Nicole) |
| Filing 209 SEALED version of #306 REPLY to Response to #176 MOTION for Discovery Motion Seeking the Court's Permission to Interview Former Pegasystems and Current Appian Employee John Petronio filed by Appian Corporation. (Belmont, Kellyann) |
| Filing 208 ELECTRONIC NOTICE issued requesting an unredacted courtesy copy of #178 , Declaration of Adeel A. Mangi, Esq., and attached exhibits. Counsel who filed this document and exhibits are requested to submit unredacted courtesy copies of these documents to the Clerk's Office by Monday, December 14, 2020. These documents must be clearly marked as a Courtesy Copy and reflect the document number assigned by CM/ECF. (MacDougall, Patricia) |
| Filing 207 Joint MOTION to Amend 128 Set/Reset Scheduling Order Deadlines,, (joint motion submitted on behalf of all parties) by Appian Corporation.(Mangi, Adeel) |
| Filing 206 Magistrate Judge M. Page Kelley: ELECTRONIC ORDER entered granting #204 Appian Corporation's Unopposed Motion to File Under Seal its Reply Memorandum. (MacDougall, Patricia) |
| Filing 205 AFFIDAVIT of Jonah M. Knobler in Support re #204 Consent MOTION to Seal Document #203 Reply to Response to Motion filed by Appian Corporation. (Knobler, Jonah) |
| Filing 204 Consent MOTION to Seal Document #203 Reply to Response to Motion by Appian Corporation.(Knobler, Jonah) |
| Filing 203 REPLY to Response to #176 MOTION for Discovery Motion Seeking the Court's Permission to Interview Former Pegasystems and Current Appian Employee John Petronio filed by Appian Corporation. (Mangi, Adeel) |
| Filing 202 Judge Patti B. Saris: ELECTRONIC ORDER REFERRING CASE to Magistrate Judge M. Page Kelley entered. Referred for: Full Pretrial, R&R on Dispositive Motions (ptd). Motions referred: #176 MOTION for Discovery Motion Seeking the Court's Permission to Interview Former Pegasystems and Current Appian Employee John Petronio. (Baker, Casey) Motions referred to M. Page Kelley. |
| Filing 201 ELECTRONIC NOTICE of Hearing. Hearing scheduled for Friday, December 18, 2020 at 12:30pm on dispute concerning Pegasystem's request to be relieved from the court's order at docket # 171 , to produce metric data regarding projects included in the BPM report analysis, and projects comparable to the Appian projects included in the BMP report. The parties emailed the clerk on November 24 and 25, 2020 about this dispute. No later than December 14, 2020, the parties shall file a joint status report on the docket summarizing the parties' positions concerning this dispute. In addition, the court will hear argument on #176 , Appian's motion for discovery. This hearing will be conducted by video conference. Counsel of record will receive a video conference invite at the email registered in CM/ECF. If you have technical or compatibility issues with the technology, please notify the session's courtroom deputy as soon as possible.Access to the hearing will be made available to the media and public. In order to gain access to the hearing, you must sign up at the following address: #https://forms.mad.uscourts.gov/courtlist.html. For questions regarding access to hearings, you may refer to the Court's general orders and public notices available on #www.mad.uscourts.gov or contact media@mad.uscourts.gov.(Belmont, Kellyann) |
| Filing 200 NOTICE Resetting a Hearing. The Alternative Dispute Resolution Hearing has been rescheduled to March 4, 2021 at 10:00 a.m. by Remote Proceeding at Boston before Magistrate Judge Jennifer C. Boal. Counsel and principals are directed to be present and have full settlement authority. Each party must submit a brief (no more than 5 pages) mediation memorandum that includes a discussion of (1) the merits of the case (both strengths and weaknesses); (2) damages or other relief sought by the parties; (3) the status of discovery; and (4) the status of the parties' settlement discussions. The memoranda should be submitted BY E-MAIL to (steve_york@mad.uscourts.gov no later than five (5) business days prior to the mediation and marked "Confidential - Not for Docketing." In the event that any party believes that the case is not ripe for mediation, or the date poses a serious conflict, counsel are to notify opposing counsel and call the deputy clerk at 617-748-9238 as soon as possible. Prior to the mediation, there will be a Telephone Conference set for March 1, 2021 at 11:30 a.m. before Magistrate Judge Jennifer C. Boal The clerk will provide the call-in information for the phone conference to all parties by email, one day prior to the upcoming telephone conference. The Mediation Hearing will be conducted by video conference. Counsel of record will receive a video conference invite at the email registered in CM/ECF. If you have technical or compatibility issues with the technology, please notify the session's courtroom deputy as soon as possible. It shall be understood (a) that all parties and counsel will participate in this court-sponsored mediation in good faith and with the interest of settling the matter on mutually acceptable terms, (b) that the entire mediation process, including all communications during any in-person, video or audio part thereof, is confidential, (c) that all statements made during the course of mediation are privileged settlement discussions, made without prejudice to any party's legal position, and inadmissible for any purpose in any legal proceeding, (d) that no party, participant, or representative shall seek in any proceeding to hereafter compel the mediator to testify and/or produce any document with respect to the mediation, and (e) that all parties, counsel and other participants agree that, by participating in this court-sponsored mediation, they are bound by these conditions and shall keep confidential all communications exchanged during the mediation process. (York, Steve) |
| Filing 199 SEALED Opposition re #176 MOTION for Discovery Motion Seeking the Court's Permission to Interview Former Pegasystems and Current Appian Employee John Petronio filed by Pegasystems Inc. (Belmont, Kellyann) |
| Filing 198 Magistrate Judge M. Page Kelley: ELECTRONIC ORDER entered granting #192 Joint Motion for Leave to File Reply and Surreply Briefs. Appian is to file any reply brief by December 7, 2020, and Pegasystems is to file any surreply by December 14, 2020. The reply and surreply shall be limited to no more than eight pages. Counsel using the Electronic Case Filing System should file the documents for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (MacDougall, Patricia) |
| Filing 197 Magistrate Judge M. Page Kelley: ELECTRONIC ORDER entered granting #189 Unopposed Motion to File Pegasystems' Opposition to Appian's Motion for Permission to Interview John Petronio Partially Under Seal. (MacDougall, Patricia) |
| Filing 196 Judge Patti B. Saris: ELECTRONIC ORDER entered. REFERRING MOTION #192 Joint MOTION for Leave to File Reply and Surreply Briefs filed by Appian Corporation to Chief Magistrate Judge Kelley. (Baker, Casey) Motions referred to M. Page Kelley. |
| Filing 195 ELECTRONIC NOTICE Canceling Telephone Conference and Mediation before Judge Boal. (Belpedio, Lisa) |
| Filing 194 Magistrate Judge Jennifer C. Boal: ELECTRONIC ORDER entered granting #193 Motion to Continue Mediation to March 3, 2020. New date for telephone conference & mediation to issue next week. (Belpedio, Lisa) |
| Filing 193 MOTION to Continue Mediation to March 3, 2020 by Pegasystems Inc..(Austin, Kristopher) |
| Filing 192 Joint MOTION for Leave to File Reply and Surreply Briefs by Appian Corporation.(Mangi, Adeel) |
| Filing 191 Judge Patti B. Saris: ELECTRONIC ORDER REFERRING MOTION #176 MOTION for Discovery Motion Seeking the Court's Permission to Interview Former Pegasystems and Current Appian Employee John Petronio filed by Appian Corporation, #189 MOTION to Seal Document #188 Memorandum in Opposition to Motion (UNOPPOSED) filed by Pegasystems Inc. to Chief Magistrate Judge Kelley entered. (Baker, Casey) Motions referred to M. Page Kelley. |
| Filing 190 AFFIDAVIT of Neil Austin in Support re #189 MOTION to Seal Document #188 Memorandum in Opposition to Motion (UNOPPOSED) filed by Pegasystems Inc.. (Austin, Kristopher) |
| Filing 189 MOTION to Seal Document #188 Memorandum in Opposition to Motion (UNOPPOSED) by Pegasystems Inc..(Austin, Kristopher) |
| Filing 188 MEMORANDUM in Opposition re #176 MOTION for Discovery Motion Seeking the Court's Permission to Interview Former Pegasystems and Current Appian Employee John Petronio filed by Pegasystems Inc.. (Austin, Kristopher) |
| Filing 187 Judge Patti B. Saris: ELECTRONIC ORDER entered granting #182 MOTION to Seal, #179 MOTION to Seal filed by Appian Corporation ; Counsel will receive an email within twenty-four (24) hours of this order with instructions for submitting sealed documents for which leave has been granted in accordance with the Local Rules of the U.S. District Court of Massachusetts. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Baker, Casey) |
| Filing 186 Judge Patti B. Saris: ELECTRONIC ORDER entered denying #175 MOTION to Stay Sinur-Related Discovery filed by Pegasystems Inc. and denying #174 MOTION for Leave to File Motion for Partial Summary Judgement filed by Pegasystems Inc.. (Baker, Casey) |
| Filing 185 Opposition re #175 MOTION to Stay Sinur-Related Discovery filed by Business Process Management, Inc.. (Magee, David) |
| Filing 184 Opposition re #175 MOTION to Stay Sinur-Related Discovery filed by Appian Corporation. (Mangi, Adeel) |
| Filing 183 AFFIDAVIT of Adeel A. Mangi, Esq. in Support re #182 MOTION to Seal Document #181 Opposition to Motion,,,,, Exhibits (UNOPPOSED) filed by Appian Corporation. (Mangi, Adeel) |
| Filing 182 MOTION to Seal Document #181 Opposition to Motion, Exhibits (UNOPPOSED) by Appian Corporation.(Mangi, Adeel) |
| Filing 181 Opposition re #174 MOTION for Leave to File Motion for Partial Summary Judgement filed by Appian Corporation. (Attachments: #1 Declaration of Adeel A. Mangi, Esq.,, #2 Exhibit 1 - 2020.03.06 Pega responses to Appian RFPs, #3 Exhibit 2 - 2020.03.06 Pegasystems' Resps and Objs to Appian's 1st Set of, #4 Exhibit 3 - 2020.03.25 Letter from Hittson to Horvath re Pega's Discovery Resps, #5 Exhibit 4 - 2020.06.19 Pega Responses to Appian RFPs re counterclaims, #6 Exhibit 5 - 2020.08.28 Letter from Horvath to Sochynsky re Pega Counterclaim Resps, #7 Exhibit 6 - 2020.09.30 Emails with Pega re Withholding Sinur Discovery, #8 Exhibit 7 - 2020.10.06 Letter from Sochynsky to Horvath re Sinur Discovery, #9 Exhibit 8 - 2020.09.22 Letter From Michael Sochynsky to Nicole Kinsley, #10 Exhibit 9 - 2020.09.29 Letter From Nicole Kinsley to Michael Sochynsky, #11 Exhibit 10 - 2020.07.30 Second Set of Interrogatories to Appian, #12 Exhibit 11 - 2020.08.05 Letter from Horvath to Sochynsky re Second Set of Interrogatories, #13 Exhibit 12 - 2020.08.31 Appian's Resps and Objs to Pega's 2d Set of Interrogs, #14 Exhibit 13 - 2020.10.22 Letter regarding Sinur Paper Substantiation Request, #15 Exhibit 14 - PEGA00000001_image (Filed Unders Seal)(, #16 Exhibit 15 - PEGA00000017 (Filed Under Seal)()(Mangi, Adeel) |
| Filing 180 AFFIDAVIT of Adeel A. Mangi in Support re #179 MOTION to Seal Certain Documents Submitted in Support of Appian Corporation's Motion for Permission to Interview John Petronio (Unopposed) filed by Appian Corporation. (Mangi, Adeel) |
| Filing 179 MOTION to Seal Certain Documents Submitted in Support of Appian Corporation's Motion for Permission to Interview John Petronio (Unopposed) by Appian Corporation.(Mangi, Adeel) |
| Filing 178 AFFIDAVIT of Adeel A. Mangi in Support re #176 MOTION for Discovery Motion Seeking the Court's Permission to Interview Former Pegasystems and Current Appian Employee John Petronio filed by Appian Corporation. (Attachments: #1 Exhibit 1 - PEGA00000012, #2 Exhibit 2 - PEGA00000014, #3 Exhibit 3 - PEGA00000015, #4 Exhibit 4 - PEGA00000016, #5 Exhibit 5 - PEGA00000017, #6 Exhibit 6 - Pegasystems' Responses and Objections to Appian's First Set of Requests for Production, #7 Exhibit 7 - Appian's First Set of Expedited Requests for Production to Pegasystems, #8 Exhibit 8 - Pegasystems' Responses and Objections to Appian's First Set of Requests for Production, #9 Exhibit 9 - March 6, 2020 Letter from T. Hittson to A. Horvath, #10 Exhibit 10 - April 21, 2020 Letter from T. Hittson to A. Horvath, #11 Exhibit 11 - April 7, 2020 Letter from A. Horvath to T. Hittson, #12 Exhibit 12 - Pegasystems' Responses and Objections to Appian's First Set of Requests for Production, #13 Exhibit 13 - August 28, 2020 Letter from A. Horvath to M. Sochynsky, #14 Exhibit 14 - Pegasystems' Responses and Objections to Appian's Second Set of Interrogatories, #15 Exhibit 15 - Pegasystems' Responses and Objections to Appian's Third Set of Interrogatories, #16 Exhibit 16 - September 22, 2020 Letter from M. Sochynsky to N. Kinsley, #17 Exhibit 17 - September 29, 2020 Letter from N. Kinsley to M. Sochynsky, #18 Exhibit 18 - October 6, 2020 Letter from S. Riden to N. Kinsley, #19 Exhibit 19 - PEGA00002668, #20 Exhibit 20 - PEGA00002661, #21 Exhibit 21 - October 22, 2020 Letter from M. Sochynsky to N. Kinsley, #22 Exhibit 22 - October 29, 2020 Letter from N. Austin to M. Sochynsky, #23 Exhibit 23 - October 30, 2020 Letter from M. Sochynsky to N. Austin, #24 Exhibit 24 - November 4, 2020 Letter from N. Austin to M. Sochynsky, #25 Exhibit October 22, 2020 Letter from Pegasystems to Appian)(Mangi, Adeel) (Additional attachment(s) added on 11/13/2020: #26 Exhibit 2 - SEALED, #27 Exhibit 3 - SEALED, #28 Exhibit 4 - SEALED, #29 Exhibit 5 - SEALED, #30 Exhibit 6 - SEALED, #31 Exhibit 17 - SEALED, #32 Exhibit 18 - SEALED, #33 Exhibit 19 - SEALED, #34 Exhibit 20 - SEALED, #35 Exhibit 21 - SEALED, #36 Exhibit 22 - SEALED, #37 Exhibit 23 - SEALED, #38 Exhibit 24 - SEALED) (Baker, Casey). |
| Filing 177 MEMORANDUM in Support re #176 MOTION for Discovery Motion Seeking the Court's Permission to Interview Former Pegasystems and Current Appian Employee John Petronio filed by Appian Corporation. (Mangi, Adeel) (Additional attachment(s) added on 11/13/2020: #1 Memorandum - UNREDACTED) (Baker, Casey). |
| Filing 176 MOTION for Discovery Motion Seeking the Court's Permission to Interview Former Pegasystems and Current Appian Employee John Petronio by Appian Corporation.(Mangi, Adeel) |
| Filing 175 MOTION to Stay Sinur-Related Discovery by Pegasystems Inc..(Austin, Kristopher) |
| Filing 174 MOTION for Leave to File Motion for Partial Summary Judgement by Pegasystems Inc.. (Attachments: #1 Exhibit A (Sinur Rebuttal))(Austin, Kristopher) |
| Filing 173 NOTICE is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above-captioned matter. Counsel are referred to the Court's Transcript Redaction Policy, available on the court website at #http://www.mad.uscourts.gov/attorneys/general-info.htm (Coppola, Katelyn) |
| Filing 172 Transcript of Motion Hearing held on October 1, 2020, before Chief Magistrate Judge M. Page Kelley. The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Court Reporter Name and Contact Information: Kathleen Silva at kathysilva@verizon.net. Redaction Request due 10/26/2020. Redacted Transcript Deadline set for 11/5/2020. Release of Transcript Restriction set for 1/4/2021. (Coppola, Katelyn) |
| Filing 171 Electronic Clerk's Notes for proceedings held before Magistrate Judge M. Page Kelley: Motion hearing held on 10/1/2020 by video. The court hears argument and rules as follows: #164, Appian's motion to set date for substantial completion of document production, is denied without prejudice. The court ruled on certain disputes today, and imposed deadlines for providing certain discovery. The parties shall continue producing discovery forthwith, whether the court set a deadline for particular discovery or not, understanding that there are numerous depositions to be conducted after documents are produced. The parties shall confer regarding #170 , Pegasystems' requests to Appian, and shall agree concerning reciprocal disclosures and deadlines for providing those materials. Appian shall provide discovery concerning Pegasystems' requests for information concerning the dissemination of the BMP Report, information Pegasystems requires in order to calculate damages, by October 22, 2020. Pegasystems shall provide preliminary information concerning their damages theory, and how they intend to prove it, by the same date, including the names of any customers or potential customers it believes stopped using Pegasystems services or failed to hire Pegasystems as a result of Appian's actions. Pegasystems shall provide information regarding dissemination of the Sinur Report by November 12, 2020.#136 , Appian's motion to compel, is denied in part and allowed in part. Requests for production of documents #34 and 41 request financial data from Pegasystems. The court finds that Appian's request that Pegasystems produce its complete financial information from January 2013 to the present is overbroad and not proportional. Given that Pegasystems has recently requested similar information from Appian, the parties shall confer further about this matter and attempt to reach agreement on what shall be produced and when. Regarding Request #34, as stated above, Pegasystems will provide Appian with the names of any customers or potential customers it believes stopped using Pegasystems' services or failed to hire Pegasystems as a result of Appian's actions. Regarding Request #39(i), Pegasystems shall provide communications mentioning Appian from customers whom Pegasystems identifies as having been deceived or confused by the BPM report. This information shall be provided no later than November 30, 2020. Requests for production #11 and 38 concern Pegasystems' assertion that the BPM report is misleading because its findings regarding the survey sample are not representative of Pegasystems' customer base as a whole. Pegasystems' objections to the requests include the argument that it would not be proportional to the needs of the case for Pegasystems to produce all the requested information across all customers and their projects. The court agrees. Pegasystems shall produce performance metric data with response to projects that were included in the BPM report analysis, and for projects that are comparable to the Appian projects included in the BPM report. This information shall be provided no later than November 30, 2020. Request for production #40 seeks information relating to possible loss of revenue to Appian other than the BPM report. It was suggested at the hearing that this dispute may be resolved by discovery recently provided by Pegasystems.Request for production #7 seeks documents in Pegasystems' possession substantiating or refuting the Sinur Report. Pegasystems shall respond to the list posted by Appian during the hearing by October 22, 2020. Requests for production #14, 15, 25 and 26 and interrogatory #7 request information relating to reports Pegasystems may have procured without disclosing its role in doing so. Pegasystems shall respond to request for production #26, asking about a specific publication that Appian has identified. Appian complains that Pegasystems refuses to disclose its search terms. The parties reached agreement about this matter during the hearing. The court explained to the parties that if they have further disputes or require clarification concerning these matters, they may by agreement contact Kellyann Belmont and request a hearing on those further disputes in lieu of engaging in motions' practice. (Court Reporter: Kathleen Silva at kathysilva@verizon.net.)(Attorneys present: Kristopher Austin, Nicole Kinsley, Adeel Mangi, Issac Weingram, Michael Sochynsky, David Magee) (Belmont, Kellyann) |
| Filing 170 Letter/request (non-motion) from Adeel Mangi to Chief Judge Kelley enclosing document relevant to October 1 hearing . (Attachments: #1 Plaintiff's Second Set of Requests for Production)(Mangi, Adeel) |
| Filing 169 Letter/request (non-motion) from Adeel Mangi to Chief Judge Kelley re: agenda for October 1, 2020 hearing . (Mangi, Adeel) |
| Filing 168 Opposition re #164 MOTION to Amend 128 Set/Reset Scheduling Order Deadlines,, Motion to Supplement the Case Management Order to Add a Date for Substantial Completion of Document Production filed by Pegasystems Inc.. (Kinsley, Nicole) |
| Filing 167 Judge Patti B. Saris: ELECTRONIC ORDER entered. REFERRING MOTION #164 MOTION to Amend 128 Set/Reset Scheduling Order Deadlines,, Motion to Supplement the Case Management Order to Add a Date for Substantial Completion of Document Production filed by Appian Corporation to Chief Magistrate Judge Kelley.(Lara, Miguel) Motions referred to M. Page Kelley. |
| Filing 166 ELECTRONIC NOTICE Setting Hearing on Motion #136 First MOTION to Compel : Motion Hearing set for 10/1/2020 03:30 PM in Courtroom 24 before Magistrate Judge M. Page Kelley. This hearing will be conducted by video conference. Counsel of record will receive a video conference invite at the email registered in CM/ECF. If you have technical or compatibility issues with the technology, please notify the session's courtroom deputy as soon as possible.Access to the hearing will be made available to the media and public. In order to gain access to the hearing, you must sign up at the following address: #https://forms.mad.uscourts.gov/courtlist.html. For questions regarding access to hearings, you may refer to the Court's general orders and public notices available on #www.mad.uscourts.gov or contact media@mad.uscourts.gov.(Belmont, Kellyann) |
| Filing 165 MEMORANDUM in Support re #164 MOTION to Amend 128 Set/Reset Scheduling Order Deadlines,, Motion to Supplement the Case Management Order to Add a Date for Substantial Completion of Document Production filed by Appian Corporation. (Mangi, Adeel) |
| Filing 164 MOTION to Amend 128 Set/Reset Scheduling Order Deadlines,, Motion to Supplement the Case Management Order to Add a Date for Substantial Completion of Document Production by Appian Corporation.(Mangi, Adeel) |
| Filing 163 Letter/request (non-motion) from Adeel Mangi to Judge Saris regarding deadline for substantial completion of document production . (Mangi, Adeel) |
| Filing 162 Magistrate Judge M. Page Kelley: ELECTRONIC ORDER entered granting #161 Unopposed Motion to File the July 21, 2020 Transcript Partially Under Seal as reflected in the transcript pages attached to the motion. (MacDougall, Patricia) |
| Filing 161 MOTION to Seal July 21, 2020 Hearing Transcript (unopposed) by Pegasystems Inc.. (Attachments: #1 Declaration of August T. Horvath)(Horvath, August) (Additional attachment(s) added on 8/25/2020: #2 Proposed redactions) (Belmont, Kellyann). |
| Filing 160 Response by Pegasystems Inc. to #156 Letter/request (non-motion) . (Horvath, August) |
| Filing 159 Response by Pegasystems Inc. to #158 Letter/request (non-motion), . (Horvath, August) |
| Filing 158 Letter/request (non-motion) from Adeel A. Mangi to the Honorable M. Page Kelley regarding post-complaint discovery . (Attachments: #1 Exhibit A - Pegasystems' Responses and Objections to Counterclaim Discovery Requests)(Mangi, Adeel) |
| Filing 157 SUR-REPLY to Motion re #136 First MOTION to Compel filed by Pegasystems Inc.. (Austin, Kristopher) |
| Filing 156 Letter/request (non-motion) from Adeel A. Mangi to The Honorable Judge Patti B. Saris regarding issues concerning the BPM Report . (Mangi, Adeel) |
| Filing 155 NOTICE of Intent to Request Redaction by August T. Horvath re #152 Transcript, (Horvath, August) |
| Filing 154 REPLY to Response to #136 First MOTION to Compel filed by Appian Corporation. (Attachments: #1 Appendix A)(Mangi, Adeel) |
| Filing 153 NOTICE is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above-captioned matter. Counsel are referred to the Court's Transcript Redaction Policy, available on the court website at #http://www.mad.uscourts.gov/attorneys/general-info.htm (Scalfani, Deborah) |
| Filing 152 Transcript of Motion Hearing via Zoom held on July 21, 2020, before Chief Magistrate Judge M. Page Kelley. The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Court Reporter Name and Contact Information: Linda Walsh at lwalshsteno@gmail.com Redaction Request due 8/17/2020. Redacted Transcript Deadline set for 8/27/2020. Release of Transcript Restriction set for 10/26/2020. (Scalfani, Deborah) (Additional attachment(s) added on 9/1/2020: #1 Redacted Transcript) (Belpedio, Lisa). |
| Filing 151 Magistrate Judge M. Page Kelley: ELECTRONIC ORDER entered granting #150 Joint Motion for Leave to Reply and Surreply; the court adopts the dates set forth in the motion; counsel using the Electronic Case Filing System should file the documents for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the documents. (MacDougall, Patricia) |
| Filing 150 Joint MOTION for Leave to File reply and surreply briefing on Appian's First Motion to Compel (Dkt. No. 136) by Appian Corporation.(Mangi, Adeel) |
| Filing 149 Opposition re #136 First MOTION to Compel filed by Pegasystems Inc.. (Kinsley, Nicole) |
| Filing 148 Electronic Clerk's Notes for proceedings held before Magistrate Judge M. Page Kelley: Motion Hearing held on 7/21/2020 by video. Hearing held in open Court. Court hears argument from the parties on #108 , Pegasystems' motion for protective order.The court orders Pegasystems to provide information to defendants as requested in the subpoenas in Request 1 (i);The subpoenas may request documents from the three customers as set out in Request 1(ii) and (iii); in Request 2; and in Request 5. The subpoenas may not request documents as set out in Request 4, provided Pegasystems provides defendants with a written statement that it is not claiming that its revenue from the three customers was affected in any way by the claims in this case. (Court Reporter: Linda Walsh at lwalshsteno@gmail.com.)(Attorneys present: Kristopher Austin, Nicole Kinsley, Adeel Mangi, Issac Weingram, Jonah Knobler, Michael Sochynsky, David Magee) (Belmont, Kellyann) |
| Filing 147 SEALED subpoenas filed by Appian Corporation re # 146 Order. (Belmont, Kellyann) |
| Filing 146 Magistrate Judge M. Page Kelley: ELECTRONIC ORDER entered. Defendant Appian Corporation shall file copies of the subpoenas at issue in plaintiff's Motion for Protective Order #108 UNDER SEAL for review by the court.(MacDougall, Patricia) |
| Filing 145 ELECTRONIC NOTICE Resetting Hearing on Motion #108 MOTION for Protective Order : This hearing will be conducted by video conference. Counsel of record will receive a video conference invite at the email registered in CM/ECF. If you have technical or compatibility issues with the technology, please notify the session's courtroom deputy as soon as possible.Access to the hearing will be made available to the media and public. In order to gain access to the hearing, you must sign up at the following address: #https://forms.mad.uscourts.gov/courtlist.html. For questions regarding access to hearings, you may refer to the Court's gener al orders and public notices available on #www.mad.uscourts.gov or contact media@mad.uscourts.gov. Motion Hearing reset for 7/21/2020 11:00 AM in Courtroom 24 before Magistrate Judge M. Page Kelley. (Belmont, Kellyann) |
| Filing 144 ELECTRONIC NOTICE Cancelling Hearing. Due to a conflict in the Court's schedule the Motion hearing set for 7/15/2020 at 3:30pm in front of Chief Magistrate Judge Kelley is cancelled and will be rescheduled. (Belmont, Kellyann) |
| Filing 143 Magistrate Judge M. Page Kelley: ELECTRONIC ORDER entered granting #139 Motion to Seal Exhibit D. Counsel will receive an email within twenty-four (24) hours of this order with instructions for submitting sealed documents for which leave has been granted in accordance with the Local Rules of the U.S. District Court of Massachusetts. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (MacDougall, Patricia) |
| Filing 142 ELECTRONIC NOTICE Setting Hearing on Motion #108 MOTION for Protective Order : This hearing will be conducted by video conference. Counsel of record will receive a video conference invite at the email registered in CM/ECF. If you have technical or compatibility issues with the technology, please notify the session's courtroom deputy as soon as possible.Access to the hearing will be made available to the media and public. In order to gain access to the hearing, you must sign up at the following address: #https://forms.mad.uscourts.gov/courtlist.html. For questions regarding access to hearings, you may refer to the Court's general orders and public notices available on #www.mad.uscourts.gov or contact media@mad.uscourts.gov. Motion Hearing set for 7/15/2020 03:30 PM in Courtroom 24 before Magistrate Judge M. Page Kelley. (Belmont, Kellyann) |
| Filing 141 Judge Patti B. Saris: ELECTRONIC ORDER entered. REFERRING MOTION #136 First MOTION to Compel, #139 MOTION to Seal Exhibit D to the Declaration of Adeel A. Mangi, filed by Appian Corporation to Chief Magistrate Judge Kelley (Lara, Miguel) Motions referred to M. Page Kelley. |
| Filing 140 AFFIDAVIT of Adeel A. Mangi in Support re #139 MOTION to Seal Exhibit D to the Declaration of Adeel A. Mangi filed by Appian Corporation. (Mangi, Adeel) |
| Filing 139 MOTION to Seal Exhibit D to the Declaration of Adeel A. Mangi by Appian Corporation.(Mangi, Adeel) |
| Filing 138 AFFIDAVIT of Adeel A. Mangi in Support re #136 First MOTION to Compel filed by Appian Corporation. (Attachments: #1 Exhibit A - Appian's First Set of Expedited Requests, #2 Exhibit B - Appian's First Set of Expedited REquests, #3 Exhibit C - Appian's First Set of Requests, #4 Exhibit D - Pegasystems' Responses, #5 Exhibit E - Pegasystems' Responses, #6 Exhibit F - March 25, 2020 Letter, #7 Exhibit G - April 7, 2020 Letter, #8 Exhibit H - April 21, 202 Letter, #9 Exhibit I - May 13, 2020 Letter, #10 Exhibit J - May 26, 2020 Letter, #11 Exhibit K - June 10, 2020 Letter, #12 Exhibit L - June 19, 2020 Letter, #13 Exhibit M - July 3, 2020 Letter, #14 Exhibit N - July 9, 2020 Letter, #15 Exhibit O - Pegasystems' Form 10-K, #16 Exhibit P - April 21, 2020 Highlighted Version of Sinur Report)(Mangi, Adeel) (Main Document 138 replaced and NEF regenerated on 7/13/2020) (Baker, Casey). (Additional attachment(s) added on 7/17/2020: #17 Sealed Exhibit D) (Lara, Miguel). |
| Filing 137 MEMORANDUM in Support re #136 First MOTION to Compel filed by Appian Corporation. (Mangi, Adeel) |
| Filing 136 First MOTION to Compel by Appian Corporation. (Attachments: #1 Text of Proposed Order)(Mangi, Adeel) (Main Document 136 replaced and NEF regenerated on 7/13/2020) (Baker, Casey). |
| Filing 135 Judge Patti B. Saris: RULE 502(d) ORDER entered. (Lara, Miguel) |
| Filing 134 Letter/request (non-motion) from Adeel A. Mangi to The Honorable M. Page Kelley re: factual update relevant to a pending and fully briefed discovery motion (ECF Nos. 109, 113, 123, 124 and 118). (Mangi, Adeel) |
| Filing 133 Proposed Document(s) submitted by Appian Corporation. Document received: Stipulated Rule 502(d) Order. (Mangi, Adeel) |
| Filing 132 ELECTRONIC NOTICE of Hearing. The Alternative Dispute Resolution Hearing is set for December 3, 2020 at 10:00 a.m. in Courtroom 14 before Magistrate Judge Jennifer C. Boal. Counsel and principals are directed to be present and have full settlement authority. Each party must submit a brief (no more than 5 pages) mediation memorandum that includes a discussion of (1) the merits of the case (both strengths and weaknesses); (2) damages or other relief sought by the parties; (3) the status of discovery; and (4) the status of the parties' settlement discussions. The memoranda should be submitted BY HAND, E-MAIL to (steve_york@mad.uscourts.gov), OR MAIL WITH THE COURT no later than five (5) business days prior to the mediation and marked "Confidential - Not for Docketing." In the event that any party believes that the case is not ripe for mediation, or the date poses a serious conflict, counsel are to notify opposing counsel and call the deputy clerk at 617-748-9238 as soon as possible. Prior to the mediation, there will be a Telephone Conference set for November 30, 2020 at 11:30 a.m. before Magistrate Judge Jennifer C. Boal. The clerk will provide the call in information to all parties by email, one day prior to the upcoming telephone conference. (York, Steve) |
| Filing 131 Notice of assignment to ADR Providert to Judge M. Page Kelley enetered in error. |
| Filing 130 Notice of assignment to ADR Provider. Judge Jennifer C. Boal appointed.(Belpedio, Lisa) |
| Filing 129 Judge Patti B. Saris: ELECTRONIC ORDER REFERRING CASE to Alternative Dispute Resolution entered for DECEMBER 2020.(Lara, Miguel) |
| Filing 128 Reset Scheduling Order Deadlines: Pegasystems' response to previously served discovery requests relating to Appian's counterclaims due June 19, 2020. Fact discovery on all parties' claims closes March 1, 2021. Initial expert reports on issues as to which party bears the burden of proof due April 6, 2021. Rebuttal expert reports due June 18, 2021. Expert discovery (including all depositions) closes July 16, 2021. Summary judgment motions due August 20, 2021. Oppositions to summary judgment motions due September 10, 2021. Summary judgment replies due September 24, 2021. (Lara, Miguel) |
| Filing 127 Judge Patti B. Saris: ELECTRONIC ORDER entered re #126 Joint statement of counsel. "I adopt Pegasystems' proposed schedule. The parties shall proceed with remote technology (e.g. Zoom) for depositions if necessary. The request by Pegasystems for a third request for production is denied. The parties shall be scheduled for mediation, remotely if necessary, in December, 2020. (Lara, Miguel) |
| Filing 126 JOINT STATEMENT of counsel regarding scheduling in response to the Court's order dated 5/22/20 (Dkt. No. 122). (Attachments: #1 Exhibit A, E-mails regarding scheduling)(Mangi, Adeel) |
| Filing 125 ANSWER to Counterclaim by Appian Corporation by Pegasystems Inc..(Horvath, August) |
| Filing 124 SUR-REPLY to Motion re #108 MOTION for Protective Order filed by Appian Corporation. (Mangi, Adeel) |
| Filing 123 REPLY to Response to #108 MOTION for Protective Order filed by Pegasystems Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B)(Kinsley, Nicole) |
| Filing 122 Judge Patti B. Saris: MEMORANDUM AND ORDER entered.The Court ALLOWS IN PART and DENIES IN PART Pegasystems' motion to dismiss [Dkt. #82 ]. The motion is ALLOWED in regard to the IBM Whitepaper and PegaWorld 2019 Presentations but DENIED as to the Sinur Paper and LinkedIn Post. The Court DENIES as moot Pegasystems' motion to exclude supplemental materials [Dkt. #104 ]. Parties shall submit a proposed discovery schedule regarding the remaining counterclaims within 14 days.SO ORDERED.(Lara, Miguel) |
| Filing 121 Magistrate Judge M. Page Kelley: ELECTRONIC ORDER entered granting #120 Joint Motion for Leave to File Reply and Surreply; Pegasystems Inc. shall file the reply brief on or before the close of business on May 27, 2020, and Appian Corporation shall file a surreply brief on or before the close of business on June 5, 2020, in accordance with the CM/ECF Administrative Procedures. The briefs shall be no longer than eight (8) pages in length. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (MacDougall, Patricia) |
| Filing 120 Joint MOTION for Leave to File Reply and Surreply Briefs by Pegasystems Inc..(Kinsley, Nicole) |
| Filing 119 Magistrate Judge M. Page Kelley: ELECTRONIC ORDER entered granting #115 Unopposed Motion of Defendant Appian Corporation to File Certain Documents in Opposition to Plaintiff's Motion for a Protective Order under Seal. (MacDougall, Patricia) |
| Filing 118 Judge Patti B. Saris: ELECTRONIC ORDER entered. REFERRING CASE to Magistrate Judge M. Page Kelley referred for: Events Only (e). Motions referred: #115 MOTION to Seal Document re #113 , #114 and #108 MOTION for Protective Order . (Lara, Miguel) Motions referred to M. Page Kelley. |
| Filing 117 Judge Patti B. Saris: ELECTRONIC ORDER entered granting #112 Consent Motion to Withdraw as Attorney. Attorney Terra Hittson terminated. (Lara, Miguel) |
| Filing 116 AFFIDAVIT in Support re #115 MOTION to Seal Document #114 Affidavit in Opposition to Motion,, #113 Memorandum in Opposition to Motion (Exhibits 3 and 8 thereto) filed by Appian Corporation. (Mangi, Adeel) |
| Filing 115 MOTION to Seal Document #114 Affidavit in Opposition to Motion,, #113 Memorandum in Opposition to Motion (Exhibits 3 and 8 thereto) by Appian Corporation.(Mangi, Adeel) |
| Filing 114 AFFIDAVIT of Isaac Weingram in Opposition re #108 MOTION for Protective Order (Public Version) filed by Appian Corporation. (Attachments: #1 Exhibit 1, Appians First Set of Interrogatories, #2 Exhibit 2, 2020.01.13 Expedited RFPs, #3 Exhibit 3, 2020.03.06 - Pega responses to Appian Rogs, #4 Exhibit 4, 2020.03.25 Letter from Hittson to Horvath, #5 Exhibit 5, 2020.04.07 Letter from Horvath to Hittson, #6 Exhibit 6, 2020.04.21 Letter from Hittson to Horvath, #7 Exhibit 7, 2020.05.13 Letter to T. Hittson, #8 Exhibit 8, Pegasysytems - Federal Subpoena Objection Letter)(Mangi, Adeel) (Additional attachment(s) added on 5/22/2020: #9 Sealed Affidavit) (Lara, Miguel). (Additional attachment(s) added on 5/22/2020: #10 Sealed Ex. 3, #11 Sealed Ex. 8) (Lara, Miguel). |
| Filing 113 MEMORANDUM in Opposition re #108 MOTION for Protective Order (Public Redacted Version) filed by Appian Corporation. (Mangi, Adeel) (Additional attachment(s) added on 5/22/2020: #1 Sealed Unredacted Version) (Lara, Miguel). |
| Filing 112 Consent MOTION to Withdraw as Attorney - Terra Hittson as counsel for Defendant Appian by Appian Corporation.(Mangi, Adeel) |
| Filing 111 Judge Patti B. Saris: ELECTRONIC ORDER entered granting #110 Motion for Leave to Appear Pro Hac Vice Added Michael Sochynsky. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Lara, Miguel) |
| Filing 110 MOTION for Leave to Appear Pro Hac Vice for admission of Michael Sochynsky Filing fee: $ 100, receipt number 0101-8230304 by Appian Corporation. (Attachments: #1 Exhibit Certification)(Madden, Timothy) |
| Filing 109 MEMORANDUM in Support re #108 MOTION for Protective Order filed by Pegasystems Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Kinsley, Nicole) |
| Filing 108 MOTION for Protective Order by Pegasystems Inc..(Kinsley, Nicole) |
| Filing 107 REDACTION to #101 Declaration - Redacted version of Exhibit 1 to Declaration of Jonah Knobler byAppian Corporation. (Knobler, Jonah) |
| Filing 106 Judge Patti B. Saris: ELECTRONIC ORDER entered granting #102 Motion to Seal. (Lara, Miguel) |
| Filing 105 MEMORANDUM in Opposition re #104 MOTION for Order to Exclude Supplemental Materials filed by Appian Corporation. (Mangi, Adeel) |
| Filing 104 MOTION for Order to Exclude Supplemental Materials by Pegasystems Inc..(Kinsley, Nicole) |
| Filing 103 ELECTRONIC NOTICE Canceling Motion hearing scheduled for 3/17/20, court will rule on the papers. (Molloy, Maryellen) |
| Filing 102 MOTION to Seal the exhibit to the declaration of Jonah M. Knobler under seal (Unopposed) by Appian Corporation. (Attachments: #1 Declaration of Jonah M. Knobler)(Knobler, Jonah) |
| Filing 101 DECLARATION - Supplemental Declaration of Jonah M. Knobler in Opposition to Pegasystems' Motion to Dismiss Appian's Counterclaim #82 by Appian Corporation. (Knobler, Jonah) |
| Filing 100 SUR-REPLY to Motion re #82 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Appian Corporation. (Mangi, Adeel) |
| Filing 99 Judge Patti B. Saris: ORDER entered. PROTECTIVE ORDER subject to further order by the Court. The Court is not bound by this order in writing opinions. (Attachments: #1 Exhibit A)(McDonagh, Christina) |
| Filing 98 Joint MOTION for Protective Order by Pegasystems Inc.. (Attachments: #1 Exhibit A (Proposed Protective Order))(Austin, Kristopher) |
| Filing 97 REPLY to Response to #82 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Pegasystems Inc.. (Attachments: #1 Exhibit 1)(Horvath, August) |
| Filing 96 ELECTRONIC NOTICE Setting Hearing on re #82 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM : Motion Hearing set for 3/17/2020 09:30 AM in Courtroom 19 before Judge Patti B. Saris. (Lara, Miguel) |
| Filing 95 PROCEDURAL ORDER entered: Rule 26(a) Initial Disclosures due by 2/7/2020. Fact Discovery to be completed by 9/17/2020. Initial expert reports on issues as to which the respective party bears the burden of proof due by 10/29/2020. Rebuttal expert reports due 12/22/2020. Expert discovery closes (expert depositions completed by) 1/19/2021. Summary Judgment Motion due by 2/16/2021, oppositions due by 3/9/2021, and replies due by 3/23/2021. Pre-trial Conference and Trial dates to be determined by the Court. Discovery on Appian Corp.'s counter-claims against Pegasystems, Inc. is STAYED pending resolution of Pegasystems' motion to dismiss those claims. A hearing on the pending motion to dismiss [Dkt. #82 ] will be held on March 17, 2020 at 9:30 am.(Lara, Miguel) |
| Filing 94 Deadlines reset as to #82 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM . Replies due by 2/6/2020. Sur-replies due by 2/21/2020. Briefs limited to 12 pages. (Lara, Miguel) |
| Filing 93 Judge Patti B. Saris: ELECTRONIC ORDER entered granting #92 Motion for Leave to File Document ; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Lara, Miguel) |
| Filing 92 Joint MOTION for Leave to File Reply and Surreply Briefs with respect to Pegasystems' Motion to Dismiss Counterclaims, DE 82 by Pegasystems Inc.. (Attachments: #1 Text of Proposed Order Granting Leave to File)(Kinsley, Nicole) |
| Filing 91 JOINT STATEMENT of counsel Regarding Case Scheduling in Response to the Court's January 23, 2020 Procedural Order (ECF No. 90). (Mangi, Adeel) |
| Filing 90 Judge Patti B. Saris: PROCEDURAL ORDER entered: The parties shall confer and submit a revised discovery schedule as ordered by the Court in its January 13, 2020 memorandum and order on or before January 29, 2020. If the parties cannot agree on a discovery schedule, they should submit a joint statement with their separate proposals. Relief shall not be sought through letters. In the interim, discovery is governed by the dates set in open court on January 10, 2020.(Lara, Miguel) |
| Filing 89 Letter/request (non-motion) from August T. Horvath to Judge Saris in response to Defendant Appian's January 17, 2020, letter (D.E. 87). (Horvath, August) |
| Filing 88 MEMORANDUM in Opposition re #82 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Appian Corporation. (Mangi, Adeel) |
| Filing 87 Letter/request (non-motion) from Adeel A. Mangi to Judge Saris re: in response to the Court's January 13, 2020 order [ECF No. 84] . (Mangi, Adeel) |
| Filing 86 NOTICE is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above-captioned matter. Counsel are referred to the Court's Transcript Redaction Policy, available on the court website at #http://www.mad.uscourts.gov/attorneys/general-info.htm (Scalfani, Deborah) |
| Filing 85 Transcript of Motion Hearing held on January 10, 2020, before Judge Patti B. Saris. The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Court Reporter Name and Contact Information: Lee Marzilli at leemarz@aol.com Redaction Request due 2/5/2020. Redacted Transcript Deadline set for 2/18/2020. Release of Transcript Restriction set for 4/14/2020. (Scalfani, Deborah) |
| Filing 84 Judge Patti B. Saris: MEMORANDUM AND ORDER entered. Pegasystems' motion for preliminary injunction [Docket No. #49 ] is DENIED without prejudice to refiling after development of the factual record. Its request for expedited discovery [Docket No. #57 ] is ALLOWED as stated in open court at the hearing. The parties will submit a revised proposed discovery schedule.SO ORDERED.(Lara, Miguel) |
| Filing 83 MEMORANDUM in Support re #82 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Pegasystems Inc.. (Attachments: #1 Exhibit 1)(Horvath, August) |
| Filing 82 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Pegasystems Inc..(Horvath, August) |
| Filing 81 STIPULATION as to Deadline to Respond to Counterclaims by Pegasystems Inc.. (Kinsley, Nicole) |
| Filing 80 NOTICE of Appearance by Nicole Kinsley on behalf of Pegasystems Inc. (Kinsley, Nicole) |
| Filing 79 Letter/request (non-motion) from August T. Horvath re. 12/20/19 Order (Dkt. 75), re. Jan. 10, 2020, hearing. (Horvath, August) |
| Filing 78 Letter/request (non-motion) from David M. Magee regarding December 20, 2019 Order Re: BPM's intention not to call live witnesses at January 10, 2020 hearing. (Magee, David) |
| Filing 77 Letter/request (non-motion) from Adeel A. Mangi to Judge Saris in response to December 20, 2019 Order Re: Appian's intention not to call live witnesses at the January 10, 2020 hearing . (Mangi, Adeel) |
| Filing 76 REPLY to Response to #49 MOTION for Preliminary Injunction filed by Pegasystems Inc.. (Attachments: #1 Exhibit 1 (Declaration of Tom Bachmann))(Horvath, August) |
| Filing 75 Chief Judge Patti B. Saris: ELECTRONIC ORDER entered. The Court will resolve any disputes as to discovery on January 10. By January 3, the parties shall let the Court know if they intend to put on witnesses on January 10.(Lara, Miguel) |
| Filing 74 ANSWER to #55 Amended Complaint by Business Process Management, Inc..(Magee, David) |
| Filing 73 ELECTRONIC NOTICE Setting Hearing on #57 MOTION for Discovery (Special) relating to Motion for Preliminary Injunction : Motion Hearing set for 1/10/2020 09:30 AM in Courtroom 19 before Chief Judge Patti B. Saris. (Lara, Miguel) |
| Filing 72 Opposition re #57 MOTION for Discovery (Special) relating to Motion for Preliminary Injunction filed by Business Process Management, Inc.. (Magee, David) |
| Filing 71 ANSWER to #55 Amended Complaint , COUNTERCLAIM against Pegasystems Inc. by Appian Corporation. (Attachments: #1 Exhibit 1, Sinur Paper, #2 Exhibit 2, Form Submission Webpage, #3 Exhibit 3, Appian-v-Pega Webpage, #4 Exhibit 4, BPM.com Report)(Mangi, Adeel) |
| Filing 70 Letter/request (non-motion) from Adeel A. Mangi regarding the January 10, 2019 hearing. (Mangi, Adeel) |
| Filing 69 MEMORANDUM in Opposition re #57 MOTION for Discovery (Special) relating to Motion for Preliminary Injunction filed by Appian Corporation. (Mangi, Adeel) |
| Filing 68 AFFIDAVIT of Joshua Hoffman in Opposition re #49 MOTION for Preliminary Injunction filed by Appian Corporation. (Attachments: #1 Exhibit A, Form Submission Webpage, #2 Exhibit B, Appian-v-Pega Webpage, #3 Exhibit C, BPM.com Report)(Mangi, Adeel) |
| Filing 67 AFFIDAVIT of Malcolm Ross in Opposition re #49 MOTION for Preliminary Injunction filed by Appian Corporation. (Attachments: #1 Exhibit 1, Sinur Paper, #2 Exhibit 2, Gartner 2014 iBPMS, #3 Exhibit 3, Forrester Wave BPM 2013, #4 Exhibit 4, Gartner iBPMS Report 2012, #5 Exhibit 5, LiUNA Press Release, #6 Exhibit 6, Dallas_Fort Worth Press Release, #7 Exhibit 7, BayernLB Press Release, #8 Exhibit 8, Gartner BPM Magic Quadrant 2010 Report, #9 Exhibit 9, Gartner 2009 BPM Magic Quadrant, #10 Exhibit 10, Gartner 2007 BPMS MQ, #11 Exhibit 11, Trefler Tweet, #12 Exhibit 12, Gartner MQ Report - iBPMS, #13 Exhibit 13, Forrester New Wave Report - Digital Decisioning Platforms, #14 Exhibit 14, Forrester Wave Report - DPA Deep, #15 Exhibit 15, Reuters Special Report)(Mangi, Adeel) |
| Filing 66 AFFIDAVIT of Adeel A. Mangi, Esq. in Opposition re #49 MOTION for Preliminary Injunction filed by Appian Corporation. (Attachments: #1 Exhibit 1, Pega 10-k, #2 Exhibit 2, hearing excerpts, #3 Exhibit 3, 19 Nov 2019 email, #4 Exhibit 4, 04 Dec 2019 email and attachments, #5 Exhibit 5, 16 December 2019 email)(Mangi, Adeel) |
| Filing 65 Opposition re #49 MOTION for Preliminary Injunction filed by Appian Corporation. (Mangi, Adeel) |
| Filing 64 Chief Judge Patti B. Saris: ORDER entered re #57 MOTION for Discovery (Special) relating to Motion for Preliminary Injunction filed by Pegasystems Inc. "The parties shall confer on a reasonable timetable in light of the holiday season. If necessary, I will move the PI hearing." (Lara, Miguel) |
| Filing 63 ELECTRONIC NOTICE Setting Hearing on Motion #49 MOTION for Preliminary Injunction : Motion Hearing set for 1/10/2020 09:30 AM in Courtroom 19 before Chief Judge Patti B. Saris. (Molloy, Maryellen) |
| Filing 62 REPORT of Alternative Dispute Resolution Provider. This case did NOT settle and should be restored to the trial list.(McLaughlin, Tracy) |
| Filing 60 Chief Judge Patti B. Saris: ELECTRONIC ORDER entered granting #59 Motion to Withdraw as Attorney. Attorney David A. Kluft terminated. (Lara, Miguel) |
| Filing 59 Assented to MOTION to Withdraw as Attorney by Pegasystems Inc..(Kluft, David) |
| Filing 58 MEMORANDUM in Support re #57 MOTION for Discovery (Special) relating to Motion for Preliminary Injunction filed by Pegasystems Inc.. (Horvath, August) |
| Filing 57 MOTION for Discovery (Special) relating to Motion for Preliminary Injunction by Pegasystems Inc.. (Attachments: #1 Exhibit 1 (Interrogatories to Appian), #2 Exhibit 2 (Requests for Production to Appian), #3 Exhibit 3 (Interrogatories to BPM), #4 Exhibit 4 (Requests for Production to BPM), #5 Exhibit 5 (Deposition Notice to Appian), #6 Exhibit 6 (Deposition Notice to BPM), #7 Exhibit 7 (Proposed Order))(Horvath, August) |
| Filing 56 Chief Judge Patti B. Saris: MEMORANDUM AND ORDER entered. Appian's motion to dismiss [Dkt. No. #15 ] is ALLOWED as to Count III and DENIED as to Counts I, II, and IV. BPM.com's motion to dismiss [Dkt. No. #18 ] is ALLOWED as to Count III and DENIED as to Counts I, II, and IV.SO ORDERED. (Lara, Miguel) |
| Filing 55 AMENDED COMPLAINT against Business Process Management, Inc., Appian Corporation, filed by Pegasystems Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Horvath, August) |
| Filing 54 Chief Judge Patti B. Saris: ELECTRONIC ORDER entered granting #44 and #48 Motion for Leave to File Amended Complaint, and Motion for Leave to File a Reply Brief; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Lara, Miguel) |
| Filing 53 Chief Judge Patti B. Saris: ORDER entered granting #52 JOINT MOTION of Appian Corporation and Pegasystems Inc. to Set a Briefing Schedule on Pegasystems' Motion for a Preliminary Injunction. (Lara, Miguel) |
| Chief Judge Patti B. Saris: ORDER entered re Briefing Schedule as to #49 MOTION for Preliminary Injunction . Appian's opposition brief due by 12/16/2019, Pegasystems' reply brief due by due by 12/23/2019.(Lara, Miguel) |
| Filing 52 Joint MOTION of Appian Corporation and Pegasystems Inc. to Set a Briefing Schedule on Pegasystems' Motion for a Preliminary Injunction. re #49 MOTION for Preliminary Injunction by Appian Corporation.(Mangi, Adeel) |
| Filing 51 Notice of correction to docket made by Court staff. Correction: Dkt. 49, corrected because: Memorandum of Law must be filed as a separate document. (Lara, Miguel) |
| Filing 50 MEMORANDUM in Support re #49 MOTION for Preliminary Injunction filed by Pegasystems Inc. (Lara, Miguel) (Main Document 50 replaced on 11/21/2019, at request, and through assent of all counsel. NEF regenerated.) (Lara, Miguel). (Attachments: #1 Declaration of Peter E. Markman, #2 Exhibit) |
| Filing 49 MOTION for Preliminary Injunction by Pegasystems Inc.. (Horvath, August) |
| Filing 48 MOTION for Leave to File Reply Brief by Pegasystems Inc.. (Attachments: #1 Exhibit 1 (Hearing Transcript Excerpts))(Austin, Kristopher) |
| Filing 47 Opposition re #44 MOTION for Leave to File First Amended Complaint filed by Business Process Management, Inc.. (Magee, David) |
| Filing 46 AFFIDAVIT of Adeel A. Mangi, Esq. in Opposition re #44 MOTION for Leave to File First Amended Complaint filed by Appian Corporation. (Attachments: #1 Exhibit 1, Excerpts from Motion to Dismiss Hearing Transcript, #2 Exhibit 2, White Papers for Dummies, #3 Exhibit 3, Purdue OWL Definition of Whitepaper, #4 Exhibit 4, SLS Definition of Whitepaper, #5 Exhibit 5, Journal Article on History of Whitepaper, #6 Exhibit 6, American Heritage Dictionary, #7 Exhibit 7, Websters Collegiate Dictionary, #8 Exhibit 8, Websters New Internal Dictionary, #9 Exhibit 9, MacMillian American English, #10 Exhibit 10, Pega Mobility Whitepaper, #11 Exhibit 11, Pega Optimizing Whitepaper, #12 Exhibit 12, Pega Seamless Service Whitepaper, #13 Exhibit 13, Pega Social Worker Whitepaper, #14 Exhibit 14, Pega Automation Whitepaper)(Mangi, Adeel) |
| Filing 45 MEMORANDUM in Opposition re #44 MOTION for Leave to File First Amended Complaint filed by Appian Corporation. (Mangi, Adeel) |
| Filing 44 MOTION for Leave to File First Amended Complaint by Pegasystems Inc.. (Attachments: #1 Exhibit 1 (Proposed First Amended Complaint), #2 Exhibit A to Proposed First Amended Complaint, #3 Exhibit B to Proposed First Amended Complaint, #4 Exhibit C to Proposed First Amended Complaint, #5 Exhibit D to Proposed First Amended Complaint, #6 Exhibit E to Proposed First Amended Complaint, #7 Exhibit 2 (Redlined Proposed First Amended Complaint))(Horvath, August) |
| Filing 43 ELECTRONIC NOTICE of ADR Conference Alternative Dispute Resolution Hearing set for 12/9/2019 10:00 AM in Courtroom 20 before Senior Judge Edward F. Harrington. Counsel and principals are ORDERED to be present and to have full settlement authority. A brief mediation memorandum addressing both the merits of the case and the filing party's settlement position should be submitted to the court via email as an attachment to tracy_mclaughlin@mad.uscourts.gov by 12/2/2019 at 12:00P.M. The mediation memo should be marked "Confidential - Not for docketing" and is not to be served upon opposing parties. Counsel are asked to accommodate this date. In the event that you believe the case is not ripe for mediation at this time or the date poses a serious conflict, please contact Tracy McLaughlin at the email address above. (McLaughlin, Tracy) |
| Filing 42 NOTICE is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above-captioned matter. Counsel are referred to the Court's Transcript Redaction Policy, available on the court website at #http://www.mad.uscourts.gov/attorneys/general-info.htm (Scalfani, Deborah) |
| Filing 41 Transcript of Scheduling Conference/Motion Hearing held on October 15, 2019, before Chief Judge Patti B. Saris. The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Court Reporter Name and Contact Information: Lee Marzilli at leemarz@aol.com Redaction Request due 11/8/2019. Redacted Transcript Deadline set for 11/18/2019. Release of Transcript Restriction set for 1/16/2020. (Scalfani, Deborah) |
| Filing 40 Notice of assignment to ADR Provider. Judge Edward F. Harrington appointed.(Belpedio, Lisa) |
| Filing 39 Chief Judge Patti B. Saris: ELECTRONIC ORDER entered. ORDER REFERRING CASE to Alternative Dispute Resolution.(Molloy, Maryellen) |
| Filing 38 Electronic Clerk's Notes for proceedings held before Chief Judge Patti B. Saris: Scheduling Conference held on 10/15/2019....JOINT STATEMENT NOT ADOPTED - ALL DISCOVERY STAYED PENDING RULING ON MOTION TO DISMISS. Parties agree to refer to ADR. (Court Reporter: Lee Marzilli at leemarz@aol.com.) (Molloy, Maryellen) |
| Filing 37 Electronic Clerk's Notes for proceedings held before Chief Judge Patti B. Saris: Motion Hearing held on 10/15/2019 re #18 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Business Process Management, Inc....MOTION TAKEN UNDER ADVISEMENT. (Court Reporter: Lee Marzilli at leemarz@aol.com.) (Molloy, Maryellen) Modified on 10/17/2019 (Molloy, Maryellen). |
| Filing 36 REPLY to Response to #18 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Business Process Management, Inc.. (Magee, David) |
| Filing 35 REPLY to Response to #15 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Appian Corporation. (Mangi, Adeel) |
| Filing 34 CERTIFICATION pursuant to Local Rule 16.1 by Business Process Management, Inc. (Magee, David) |
| Filing 33 CERTIFICATION pursuant to Local Rule 16.1 . (Austin, Kristopher) |
| Filing 32 CERTIFICATION pursuant to Local Rule 16.1 by Appian Corporation.(Mangi, Adeel) |
| Filing 31 JOINT STATEMENT re scheduling conference . (Austin, Kristopher) |
| Filing 30 Chief Judge Patti B. Saris: ELECTRONIC ORDER entered granting #27 Motion for Leave to Appear Pro Hac Vice Added August T. Horvath. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Lara, Miguel) |
| Filing 29 Opposition re #18 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Pegasystems Inc.. (Austin, Kristopher) |
| Filing 28 Opposition re #15 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Pegasystems Inc.. (Austin, Kristopher) |
| Filing 27 MOTION for Leave to Appear Pro Hac Vice for admission of August Horvath Filing fee: $ 100, receipt number 0101-7898864 by Pegasystems Inc.. (Attachments: #1 Certificate of August Horvath)(Austin, Kristopher) |
| Filing 26 Set Deadlines as to #18 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , #15 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM . Responses due by 9/27/2019 (Lara, Miguel) |
| Filing 25 Chief Judge Patti B. Saris: ELECTRONIC ORDER entered re #22 Motion for Extension of Time. Allowed. (Lara, Miguel) |
| Filing 24 ELECTRONIC NOTICE Resetting Hearing on Motion #18 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , #22 Joint MOTION for Extension of Time to September 27, 2019 to Oppose motions to dismiss , to set a briefing schedule, and to continue the hearing set for October 7, 2019, #15 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM : Motion Hearing reset from 10/7/19 to 10/15/2019 11:15 AM in Courtroom 19 before Chief Judge Patti B. Saris. (Molloy, Maryellen) |
| Filing 23 NOTICE Resetting a Hearing.... Scheduling Conference reset from 10/7/19 to 10/15/2019 11:00 AM in Courtroom 19 before Chief Judge Patti B. Saris. (Molloy, Maryellen) |
| Filing 22 Joint MOTION for Extension of Time to September 27, 2019 to Oppose motions to dismiss , to set a briefing schedule, and to continue the hearing set for October 7, 2019 by Pegasystems Inc..(Austin, Kristopher) |
| Filing 21 ELECTRONIC NOTICE Setting Hearing on Motion #18 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , #15 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM : Motion Hearing set for 10/7/2019 02:30 PM in Courtroom 19 before Chief Judge Patti B. Saris. (Molloy, Maryellen) |
| Filing 20 NOTICE of Scheduling Conferenc....e Scheduling Conference set for 10/7/2019 02:15 PM in Courtroom 19 before Chief Judge Patti B. Saris. (Molloy, Maryellen) |
| Filing 19 CORPORATE DISCLOSURE STATEMENT by Business Process Management, Inc.. (Magee, David) |
| Filing 18 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Business Process Management, Inc..(Magee, David) |
| Filing 17 MEMORANDUM in Support re #15 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Appian Corporation. (Mangi, Adeel) |
| Filing 16 AFFIDAVIT in Support re #15 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM - Declaration of Adeel A. Mangi, Esq., filed by Appian Corporation. (Attachments: #1 Exhibit 1)(Mangi, Adeel) |
| Filing 15 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Appian Corporation.(Mangi, Adeel) |
| Filing 14 Chief Judge Patti B. Saris: ELECTRONIC ORDER entered granting #11 Motion for Leave to Appear Pro Hac Vice. Added Adeel A. Mangi, Jonah M. Knobler, Terra Hittson, and Isaac J. Weingram. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Pacho, Arnold) |
| Filing 13 Chief Judge Patti B. Saris: ELECTRONIC ORDER entered...Granting #10 Motion for Extension of Time to Answer Appian Corporation...ANSWER due 8/30/2019. (Molloy, Maryellen) |
| Filing 12 CORPORATE DISCLOSURE STATEMENT by Appian Corporation. (Madden, Timothy) |
| Filing 11 MOTION for Leave to Appear Pro Hac Vice for admission of Adeel A. Mangi, Jonah M. Knobler, Terra Hittson, Isaac J. Weingram Filing fee: $ 400, receipt number 0101-7808542 by Appian Corporation. (Attachments: #1 Exhibit Mangi Certification, #2 Exhibit Knobler Certification, #3 Exhibit Hittson Certification, #4 Exhibit Weingram Certification)(Madden, Timothy) |
| Filing 10 Assented to MOTION for Extension of Time to August 30, 2019 to File Answer or Otherwise Respond to Complaint by Appian Corporation.(Madden, Timothy) |
| Filing 9 Chief Judge Patti B. Saris: ELECTRONIC ORDER entered granting #8 Assented to MOTION for Extension of Time to 08/09/2019 to File Answer or Otherwise Respond to Complaint. Appian Corporation answer due 8/9/2019. (McDonagh, Christina) |
| Filing 8 Assented to MOTION for Extension of Time to 08/09/2019 to File Answer or Otherwise Respond to Complaint by Appian Corporation.(Madden, Timothy) |
| Filing 7 SUMMONS Returned Executed Business Process Management, Inc. served on 7/9/2019, answer due 7/30/2019. (Kluft, David) |
| Filing 6 SUMMONS Returned Executed Appian Corporation served on 7/5/2019, answer due 7/26/2019. (Kluft, David) |
| Filing 5 Summons Issued as to All Defendants. Counsel receiving this notice electronically should download this summons, complete one for each defendant and serve it in accordance with Fed.R.Civ.P. 4 and LR 4.1. Summons will be mailed to plaintiff(s) not receiving notice electronically for completion of service. (Lara, Miguel) |
| Filing 4 ELECTRONIC NOTICE of Case Assignment. Chief Judge Patti B. Saris assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge M. Page Kelley. (Finn, Mary) |
| Filing 3 NOTICE of Appearance by Kristopher N. Austin on behalf of Pegasystems Inc. (Austin, Kristopher) |
| Filing 2 CORPORATE DISCLOSURE STATEMENT by Pegasystems Inc.. (Kluft, David) |
| Filing 1 COMPLAINT against Pegasystems Inc. Filing fee: $ 400, receipt number 0101-7765206 (Fee Status: Filing Fee paid), filed by Pegasystems Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Civil Cover Sheet Civil Cover Sheet, #7 Civil Cover Sheet Category Form)(Kluft, David) (Attachment 6 replaced on 7/3/2019) (Lara, Miguel). |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Massachusetts District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
