ZipBy USA LLC et al v. Parzych
| TMA Group of Companies Limited, ZipBy USA LLC and TMA Capital Australia Pty Ltd |
| Gregory Parzych |
| Jennifer Prokowiew |
| 1:2020cv10926 |
| May 14, 2020 |
| US District Court for the District of Massachusetts |
| Donald L Cabell |
| Douglas P Woodlock |
| Trademark |
| 15 U.S.C. § 1051 |
| Both |
Docket Report
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This docket was last retrieved on April 19, 2024. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 106 First Opposition re #103 MOTION to Modify Scheduling Order and for Expedited Treatment Defendant's Gregory Parzych Opposition and Cross Motion to Plaintiff's and TMA Motion to Modify Scheduling Order filed by Gregory Parzych. (Dionisi, Robert) |
| Filing 105 Electronic Clerk's Notes for proceedings held before Magistrate Judge Donald L. Cabell: Remote Motion Hearing by videoconference held on 9/16/2020 re #82 MOTION to Compel Non-Party MJP Global Technologies, Inc. to Comply with Subpoena filed by TMA Group of Companies Limited, ZipBy USA LLC, TMA Capital Australia Pty Ltd, #75 MOTION for Trustee Process filed by TMA Group of Companies Limited, ZipBy USA LLC, TMA Capital Australia Pty Ltd. The court will hold the motion for trustee process and allow further briefing within a week. The motion to compel is granted in part and denied in part for the reasons stated on the record. (Court Reporter: Kelly Mortellite at mortellite@gmail.com.)(Attorneys present: Cotter, Dionisi, Jr. Blair, Reimer, Mitarotondo) (Russo, Noreen) |
| Filing 104 Magistrate Judge Donald L. Cabell: ELECTRONIC ORDER entered granting in part and denying in part #70 Motion to Compel. For the reasons set forth during the hearing, the plaintiff's motion to compel is granted in part and denied in part. As to Document Requests #1, #2, #3, #4, #5, the motion is granted for the reasons noted during the hearing, subject to the protective order in this case. As to Requests #8, #9, #10, the motion is denied where the court credits that the defendant has provided everything in his possession, custody, or control. The court notes further that counsel for the defendant has agreed to conduct this search anew. As to Request #13, the motion is allowed. As to Requests #14 and #15, the motion is denied but the defendant shall supplement his responses to indicate that he has no such documents in his possession, custody, or control. As to Request #16 and #19, the motion is allowed. As to Request #22, the motion is allowed as to any documents that may relate to the defendant's employment at Zipby or other relevant entities. As to Request #23, the motion is allowed as to documents that may reflect the defendant's attempt to access files relating to his employment at Zipby. As to Interrogatories #1 and #2, the motion is denied because the defendant did ostensibly provide an answer to the questions as written. However, the defendant shall supplement his answer to address any inconsistency raised by the plaintiff, e.g., that the defendant was engaged in attempting to secure an NDA between MJP Global and Q-Free America while employed by Zipby. As to Interrogatory #8, the motion is allowed on the ground that the response does not answer in a reasonably clear manner the questions posed. In supplementing his answer to this Interrogatory, the defendant shall provide a complete and fulsome response that addresses the concerns raised by the plaintiff's memorandum D. 71 at 12, which the court finds well founded. (Russo, Noreen) |
| Filing 103 MOTION to Modify Scheduling Order and for Expedited Treatment by TMA Capital Australia Pty Ltd, TMA Group of Companies Limited, ZipBy USA LLC.(Mitarotondo, Julia) |
| Filing 100 ELECTRONIC NOTICE Setting Hearing on Motion #75 MOTION for Trustee Process , #82 MOTION to Compel Non-Party MJP Global Technologies, Inc. to Comply with Subpoena : 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://public.mad.uscourts.gov/seating-signup.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 9/16/2020 10:30 AM before Magistrate Judge Donald L. Cabell. (Russo, Noreen) |
| Filing 99 Magistrate Judge Donald L. Cabell: ELECTRONIC ORDER entered granting #98 Motion to Correct (Russo, Noreen) |
| Filing 98 First MOTION to Correct Defendant's Gregory Parzych Motion to Correct the Record as to the filing of the Declaration of Morten Andersson by Gregory Parzych.(Dionisi, Robert) |
| Filing 97 First Opposition re #82 MOTION to Compel Non-Party MJP Global Technologies, Inc. to Comply with Subpoena Defendant's Gregory Parzych, Opposition to the Motion to Compel the Deposition of MJP Global Technologies filed by Gregory Parzych. (Dionisi, Robert) |
| Filing 96 First Opposition re #75 MOTION for Trustee Process Defendant's Gregory Parzych, Opposition to Plaintiff's Zipby USA and TMA Capital Motion for Trustee Process filed by Gregory Parzych. (Dionisi, Robert) |
| Filing 95 Magistrate Judge Donald L. Cabell: ELECTRONIC ORDER entered granting #89 Motion to Take Deposition from Gregory Parzych and Morten Andersson (Russo, Noreen) |
| Filing 94 Magistrate Judge Donald L. Cabell: ELECTRONIC ORDER entered denying #67 Motion for Attorney Fees. Denied for the reasons stated in the hearing and in light of the court finding the conduct of both the plaintiff and defendant to be reasonable with respect to the documents in the possession of the defendant's accountant. (Russo, Noreen) |
| Filing 93 Magistrate Judge Donald L. Cabell: ELECTRONIC ORDER entered granting in part and denying in part #62 Motion to Compel. Allowed as to business records relating to Q-Free/TCS and 22 Union Ave. (and any other non-privileged business records discovered on further review by Ms. Prokowiew) to the extent discussed during the hearing and subject to the protective order in place in this case. Fees are denied in light of the court finding the conduct of both the plaintiff and defendant to be reasonable with respect to the documents in the possession of the defendant's accountant. (Russo, Noreen) |
| Filing 92 Magistrate Judge Donald L. Cabell: ELECTRONIC ORDER entered granting in part and denying in part #61 Motion to Quash. As discussed during the hearing, the motion to quash will allowed as to any personal financial information and denied as to records relating to Q-Free/TCS and 22 Union Ave. (and any other non-privileged business records discovered on further review by Ms. Prokowiew), which shall be provided subject to the protective order in place in this case. (Russo, Noreen) |
| Filing 91 Electronic Clerk's Notes for proceedings held before Magistrate Judge Donald L. Cabell: Motion Hearing held on 8/26/2020 re #67 MOTION for Attorney Fees Defendant's Gregory Parzych Motion for Fees as a result of Plaintiff's Failure to comply with Rule 37 filed by Gregory Parzych, #61 MOTION to Quash filed by Jennifer Prokowiew, #70 MOTION to Compel Defendant Gregory Parzych to Supplement Discovery Responses filed by TMA Group of Companies Limited, ZipBy USA LLC, TMA Capital Australia Pty Ltd, #62 Cross MOTION to Compel Prokowiew Production and Testimony and Request for Fees from Defendant Parzych filed by TMA Group of Companies Limited, ZipBy USA LLC, TMA Capital Australia Pty Ltd. The court makes various findings and rulings. The parties to talk concerning the items that were not resolved and inform the court by cob 8/31/20 what remains in dispute. (Court Reporter: Kathleen Silva at kathysilva@verizon.net.)(Attorneys present: Cotter, Dionisi, Jr. Blair Reimer) (Russo, Noreen) |
| Filing 90 DECLARATION re #89 Emergency MOTION to Take Deposition from Gregory Parzych and Morten Andersson After Close of Fact Discovery by TMA Capital Australia Pty Ltd, TMA Group of Companies Limited, ZipBy USA LLC. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit)(Mitarotondo, Julia) |
| Filing 89 Emergency MOTION to Take Deposition from Gregory Parzych and Morten Andersson After Close of Fact Discovery by TMA Capital Australia Pty Ltd, TMA Group of Companies Limited, ZipBy USA LLC.(Mitarotondo, Julia) |
| Filing 88 Opposition re #70 MOTION to Compel Defendant Gregory Parzych to Supplement Discovery Responses Defendant's Opposition to Plaintiffs' Motion to Compel filed by Gregory Parzych. (Dionisi, Robert) |
| Filing 87 DECLARATION re #86 Opposition to Motion, by TMA Capital Australia Pty Ltd, TMA Group of Companies Limited, ZipBy USA LLC. (Attachments: #1 Exhibit)(Mitarotondo, Julia) |
| Filing 86 Opposition re #67 MOTION for Attorney Fees Defendant's Gregory Parzych Motion for Fees as a result of Plaintiff's Failure to comply with Rule 37 filed by TMA Capital Australia Pty Ltd, TMA Group of Companies Limited, ZipBy USA LLC. (Mitarotondo, Julia) |
| Filing 85 NOTICE by TMA Capital Australia Pty Ltd, TMA Group of Companies Limited, ZipBy USA LLC re #82 MOTION to Compel Non-Party MJP Global Technologies, Inc. to Comply with Subpoena of Filing Exhibits (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit)(Mitarotondo, Julia) |
| Filing 84 DECLARATION re #82 MOTION to Compel Non-Party MJP Global Technologies, Inc. to Comply with Subpoena by TMA Capital Australia Pty Ltd, TMA Group of Companies Limited, ZipBy USA LLC. (Mitarotondo, Julia) |
| Filing 83 MEMORANDUM in Support re #82 MOTION to Compel Non-Party MJP Global Technologies, Inc. to Comply with Subpoena filed by TMA Capital Australia Pty Ltd, TMA Group of Companies Limited, ZipBy USA LLC. (Mitarotondo, Julia) |
| Filing 82 MOTION to Compel Non-Party MJP Global Technologies, Inc. to Comply with Subpoena by TMA Capital Australia Pty Ltd, TMA Group of Companies Limited, ZipBy USA LLC. (Attachments: #1 Text of Proposed Order)(Mitarotondo, Julia) |
| Filing 81 ELECTRONIC NOTICE Setting Hearing on Motion #67 MOTION for Attorney Fees Defendant's Gregory Parzych Motion for Fees as a result of Plaintiff's Failure to comply with Rule 37, #61 MOTION to Quash , #62 Cross MOTION to Compel Prokowiew Production and Testimony and Request for Fees from Defendant Parzych, #70 MOTION to Compel Defendant Gregory Parzych to Supplement Discovery Responses : 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://public.mad.uscourts.gov/seating-signup.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. In light of the discovery schedule, a Motion Hearing is set for 8/26/2020 at 02:00 PM before Magistrate Judge Donald L. Cabell. (Russo, Noreen) |
| Filing 80 Magistrate Judge Donald L. Cabell: ELECTRONIC ORDER entered re #67 MOTION for Attorney Fees Defendant's Gregory Parzych Motion for Fees as a result of Plaintiff's Failure to comply with Rule 37 filed by Gregory Parzych, #61 MOTION to Quash filed by Jennifer Prokowiew, #70 MOTION to Compel Defendant Gregory Parzych to Supplement Discovery Responses filed by TMA Group of Companies Limited, ZipBy USA LLC, TMA Capital Australia Pty Ltd, #62 Cross MOTION to Compel Prokowiew Production and Testimony and Request for Fees from Defendant Parzych filed by TMA Group of Companies Limited, ZipBy USA LLC, TMA Capital Australia Pty Ltd responses to these motions shall be filed by the cob Tuesday, August 25, 2020. (Russo, Noreen) |
| Filing 79 Judge Douglas P. Woodlock: ELECTRONIC ORDER entered. REFERRING CASE to Magistrate Judge Donald L. Cabell Referred for: Full Pretrial, No Dispositive Motions (ptn). Motions referred: #67 MOTION for Attorney Fees Defendant's Gregory Parzych Motion for Fees as a result of Plaintiff's Failure to comply with Rule 37, #61 MOTION to Quash , #62 Cross MOTION to Compel Prokowiew Production and Testimony and Request for Fees from Defendant Parzych, #70 MOTION to Compel Defendant Gregory Parzych to Supplement Discovery Responses, #75 MOTION for Trustee Process . (McDonagh, Christina) Motions referred to Donald L. Cabell. |
| Filing 78 NOTICE by TMA Capital Australia Pty Ltd, TMA Group of Companies Limited, ZipBy USA LLC Notice of Filing of Exhibits (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit, #15 Exhibit)(Perkins, Richard) |
| Filing 77 AFFIDAVIT Declaration of R. Nicholas Perkins by TMA Capital Australia Pty Ltd, TMA Group of Companies Limited, ZipBy USA LLC. (Perkins, Richard) |
| Filing 76 AFFIDAVIT Third Declaration of Anthony Karam by TMA Capital Australia Pty Ltd, TMA Group of Companies Limited, ZipBy USA LLC. (Perkins, Richard) |
| Filing 75 MOTION for Trustee Process by TMA Capital Australia Pty Ltd, TMA Group of Companies Limited, ZipBy USA LLC. (Attachments: #1 Text of Proposed Order Proposed Order Granting Plaintiffs' Motion for Trustee Process Attachment, #2 Supplement Trustee Summons for Prudence Financial, Inc., #3 Supplement Trustee Summons for Commonwealth Equity Services, LLC d/b/a Commonwealth Financial Network, #4 Supplement Trustee Summons for National Financial Services, LLC, #5 Supplement Trustee Summons for TD Bank, N.A.)(Perkins, Richard) |
| Filing 74 Proposed Document(s) submitted by TMA Capital Australia Pty Ltd, TMA Group of Companies Limited, ZipBy USA LLC. Document received: Proposed Order Granting Plaintiffs' Motion to Compel Defendant to Supplement Discovery Responses. (Mitarotondo, Julia) |
| Filing 73 NOTICE by TMA Capital Australia Pty Ltd, TMA Group of Companies Limited, ZipBy USA LLC re #70 MOTION to Compel Defendant Gregory Parzych to Supplement Discovery Responses (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit, #15 Exhibit, #16 Exhibit, #17 Exhibit, #18 Exhibit, #19 Exhibit)(Mitarotondo, Julia) |
| Filing 72 DECLARATION re #70 MOTION to Compel Defendant Gregory Parzych to Supplement Discovery Responses by TMA Capital Australia Pty Ltd, TMA Group of Companies Limited, ZipBy USA LLC. (Mitarotondo, Julia) |
| Filing 71 MEMORANDUM in Support re #70 MOTION to Compel Defendant Gregory Parzych to Supplement Discovery Responses filed by TMA Capital Australia Pty Ltd, TMA Group of Companies Limited, ZipBy USA LLC. (Mitarotondo, Julia) |
| Filing 70 MOTION to Compel Defendant Gregory Parzych to Supplement Discovery Responses by TMA Capital Australia Pty Ltd, TMA Group of Companies Limited, ZipBy USA LLC.(Mitarotondo, Julia) |
| Filing 69 DECLARATION of Michelle J. Blair by Gregory Parzych. (Dionisi, Robert) |
| Filing 68 Opposition re #62 Cross MOTION to Compel Prokowiew Production and Testimony and Request for Fees from Defendant Parzych Defendant's Gregory Parzych, Opposition to Plaintiffs Zipby USA, LLC TMA Group of Companies Limited and TMA Capital Austrialia Pty Ltd, Cross Motion to Compel Accountant Prokowiew to Comply with Subpoena and Request for Fees on His Obstruction of Compliance with Subpoena filed by Gregory Parzych. (Dionisi, Robert) |
| Filing 67 MOTION for Attorney Fees Defendant's Gregory Parzych Motion for Fees as a result of Plaintiff's Failure to comply with Rule 37 by Gregory Parzych.(Dionisi, Robert) |
| Filing 66 Judge Douglas P. Woodlock: ELECTRONIC ORDER entered. REFERRING CASE to Magistrate Judge Donald L. Cabell Referred for: Events Only (e). Motions referred: #61 MOTION to Quash , #62 Cross MOTION to Compel Prokowiew Production and Testimony and Request for Fees from Defendant Parzych. (McDonagh, Christina) Motions referred to Donald L. Cabell. |
| Filing 65 Opposition re #62 Cross MOTION to Compel Prokowiew Production and Testimony and Request for Fees from Defendant Parzych filed by Jennifer Prokowiew. (Reimer, Nancy) |
| Filing 64 DECLARATION re #62 Cross MOTION to Compel Prokowiew Production and Testimony and Request for Fees from Defendant Parzych by TMA Capital Australia Pty Ltd, TMA Group of Companies Limited, ZipBy USA LLC. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit)(Mitarotondo, Julia) |
| Filing 63 Opposition re #61 MOTION to Quash and Memorandum in Support of Cross-Motion to Compel and Request for Fees filed by TMA Capital Australia Pty Ltd, TMA Group of Companies Limited, ZipBy USA LLC. (Mitarotondo, Julia) |
| Filing 62 Cross MOTION to Compel Prokowiew Production and Testimony and Request for Fees from Defendant Parzych by TMA Capital Australia Pty Ltd, TMA Group of Companies Limited, ZipBy USA LLC.(Mitarotondo, Julia) |
| Filing 61 MOTION to Quash by Jennifer Prokowiew.(Reimer, Nancy) |
| Filing 60 NOTICE of Appearance by Robert F. Dionisi, Jr on behalf of Gregory Parzych (Dionisi, Robert) |
| Filing 59 ANSWER to Counterclaim with affirmative defenses by TMA Capital Australia Pty Ltd, TMA Group of Companies Limited, ZipBy USA LLC.(Perkins, Richard) |
| Filing 58 Disclosure pursuant to Rule 26 by Gregory Parzych.(Dionisi, Robert) |
| Filing 57 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 56 Transcript of Video Conference Motion Hearing held on June 2, 2020, before Judge Douglas P. Woodlock. 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: Kelly Mortellite at mortellite@gmail.com Redaction Request due 7/9/2020. Redacted Transcript Deadline set for 7/20/2020. Release of Transcript Restriction set for 9/16/2020. (Scalfani, Deborah) |
| Filing 54 Judge Douglas P. Woodlock: MEMORANDUM AND PRELIMINARY INJUNCTION entered.(Beatty, Barbara) |
| Filing 55 RECEIPT: Receipt # 1BST080453 for monies received on 06/16/2020 in amount of $50,000.00, re: #54 Judge Douglas P. Woodlock: MEMORANDUM AND PRELIMINARY INJUNCTION entered. (Coppola, Katelyn) |
| Filing 53 Notice of Service of Process filed by TMA Capital Australia Pty Ltd, TMA Group of Companies Limited, ZipBy USA LLC. Individual(s)/Entities served: Gregory Parzych. (Perkins, Richard) |
| Filing 52 Judge Douglas P. Woodlock: ORDER adopting #49 Revised Joint Proposal for Scheduling Order. In summary: Fact discovery to be completed by 8/26/2020; Expert discovery to be completed by 10/14/2020; Motions for Summary Judgment to be filed no later than 10/21/2020; and, Oppositions to Motions for Summary Judgment to be filed no later than 11/4/2020. In addition, the Hearing on the Motions for Summary Judgment is SCHEDULED for 12/2/2020 at 2:30 p.m. in Courtroom 1.(Beatty, Barbara) |
| Filing 51 Judge Douglas P. Woodlock: STIPULATED PROTECTIVE ORDER entered re #50 . (Beatty, Barbara) |
| Filing 50 Assented to MOTION for Protective Order by TMA Capital Australia Pty Ltd, TMA Group of Companies Limited, ZipBy USA LLC.(Cotter, John) |
| Filing 49 Amended JOINT STATEMENT re scheduling conference . (Cotter, John) |
| Filing 48 ANSWER to #1 Complaint,, with Jury Demand Affirmative Defenses and, COUNTERCLAIM against All Plaintiffs by Gregory Parzych.(Dionisi, Robert) |
| Filing 47 NOTICE CANCELING HEARING: Pursuant to the Hearing held this day, the Hearing scheduled for 6/11/2020 is no longer necessary and is hereby CANCELED. (Beatty, Barbara) |
| Filing 46 Clerk's Notes for Motion Hearing held via Zoom before Judge Douglas P. Woodlock: Court addresses pending Motion to Stay Discovery #37 . Court grants in part and denies in part #37 Motion to Stay. Parties to provide revised schedule through summary judgment practice no later than 6/8/2020. Court to enter Order extending the TRO as a preliminary injunction without prejudice. (Court Reporter: Kelly Mortellite at mortellite@gmail.com.)(Attorneys present: Cotter, Mitarotondo, Dionisi) (Beatty, Barbara) |
| Filing 45 REPLY to Response to #37 MOTION to Stay re #16 Memorandum in Opposition to Motion, DEFENDANTS, GREGORY PARZYCH, MOTION TO STAY THE CURRENT DISCOVERY SCHEDULE AND TO CONDUCT DISCOVERY IN THE NORMAL COURSE OF THE LITIGATION Defendant's Gregory Parzych Reply and Response to Plaintiff's Response to Defendant's Motion to Stay filed by Gregory Parzych. (Dionisi, Robert) |
| Filing 44 AFFIDAVIT of Robert F. Dionisi, Jr. by Gregory Parzych. (Attachments: #1 Exhibit Email exchange, #2 Exhibit Email exchange, #3 Exhibit Email exchange)(Dionisi, Robert) |
| Filing 43 AFFIDAVIT of ZipBy USA re #42 Response to Motion, by TMA Capital Australia Pty Ltd, TMA Group of Companies Limited, ZipBy USA LLC. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit)(Cotter, John) |
| Filing 42 RESPONSE to Motion re #37 MOTION to Stay re #16 Memorandum in Opposition to Motion, DEFENDANTS, GREGORY PARZYCH, MOTION TO STAY THE CURRENT DISCOVERY SCHEDULE AND TO CONDUCT DISCOVERY IN THE NORMAL COURSE OF THE LITIGATION filed by TMA Capital Australia Pty Ltd, TMA Group of Companies Limited, ZipBy USA LLC. (Cotter, John) |
| Filing 41 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 40 Transcript of Videoconference Motion Hearing held on May 28, 2020, before Judge Douglas P. Woodlock. 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: Kelly Mortellite at mortellite@gmail.com Redaction Request due 6/23/2020. Redacted Transcript Deadline set for 7/6/2020. Release of Transcript Restriction set for 8/31/2020. (Scalfani, Deborah) |
| Filing 39 PROCEDURAL ORDER: Plaintiffs shall file a response to the #37 Motion to Stay the Current Discovery Schedule and to Conduct Discovery in the Normal Course of Litigation no later than 12:00 noon on 6/2/2020. A Hearing is SCHEDULED for 6/2/2020 at 3:00 p.m.: 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: #www.public.mad.uscourts.gov/seating-signup.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. (Beatty, Barbara) |
| Filing 38 DECLARATION re #16 Memorandum in Opposition to Motion, FOURTH DECLARATION OF GREGORY PARZYCH by Gregory Parzych. (Dionisi, Robert) |
| Filing 37 MOTION to Stay re #16 Memorandum in Opposition to Motion, DEFENDANTS, GREGORY PARZYCH, MOTION TO STAY THE CURRENT DISCOVERY SCHEDULE AND TO CONDUCT DISCOVERY IN THE NORMAL COURSE OF THE LITIGATION by Gregory Parzych.(Dionisi, Robert) |
| Filing 36 Clerk's Notes for Status Conference held via Zoom before Judge Douglas P. Woodlock: Parties to conduct two video depositions during the week of June 1st and copies shall be provided to the Court. The Temporary Restraining Order #26 issued by the Court is extended until 6/17/2020. Initial memoranda re Injunction to be filed no later than 6/5/2020 and replies to be filed no later than noon on 6/9/2020. Hearing SCHEDULED for 6/11/2020 at 9:00 a.m. Defendant's Motion to Post Security #31 GRANTED to the extent that plaintiffs shall post a bond in the amount of $50,000. This hearing will be conducted by video conference. ONLY COUNSEL OF RECORD TO A PARTY TO THE LITIGATION 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 by teleconference to all others, including the media and the public. In order to gain teleconference access to the hearing, such others must sign up at the following address: #www.public.mad.uscourts.gov/seating-signup. 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. (Court Reporter: Kelly Mortellite at mortellite@gmail.com.)(Attorneys present: Cotter, Mitarotondo, Perkins, Dionisi) (Beatty, Barbara) Modified on 5/29/2020 to add TRO extension (Beatty, Barbara). |
| Filing 35 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 34 Transcript of Video Conference Motion Hearing held on May 19, 2020, before Judge Douglas P. Woodlock. 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: Kelly Mortellite at mortellite@gmail.com Redaction Request due 6/18/2020. Redacted Transcript Deadline set for 6/29/2020. Release of Transcript Restriction set for 8/26/2020. (Scalfani, Deborah) |
| Filing 33 DECLARATION re #26 Temporary Restraining Order Third Declaration of Gregory Parzych by Gregory Parzych. (Dionisi, Robert) |
| Filing 32 MEMORANDUM in Opposition re #31 MOTION for Injunctive Relief Motion for Post Security Memorandum Opposing Plaintiff's Claim of Irreparable Harm filed by Gregory Parzych. (Dionisi, Robert) (Main Document 32 replaced on 5/28/2020) (McDonagh, Christina). |
| Filing 31 MOTION for Injunctive Relief Motion for Post Security by Gregory Parzych.(Dionisi, Robert) (Main Document 31 replaced on 5/28/2020) (McDonagh, Christina). |
| Filing 30 NOTICE of Appearance by Julia Mitarotondo on behalf of TMA Capital Australia Pty Ltd, TMA Group of Companies Limited, ZipBy USA LLC (Mitarotondo, Julia) |
| Filing 29 NOTICE of Appearance by Richard Nicholas Perkins on behalf of TMA Capital Australia Pty Ltd, TMA Group of Companies Limited, ZipBy USA LLC (Perkins, Richard) |
| Filing 28 NOTICE OF STATUS CONFERENCE:This conference 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: #www.public.mad.uscourts.gov/seating-signup.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 is SCHEDULED for 5/28/2020 at 2:00 p.m. before Judge Douglas P. Woodlock. (Beatty, Barbara) |
| Filing 27 JOINT STATEMENT re scheduling conference . (Cotter, John) |
| Filing 26 Judge Douglas P. Woodlock: TEMPORARY RESTRAINING ORDER entered.(Beatty, Barbara) |
| Filing 25 NOTICE by TMA Capital Australia Pty Ltd, TMA Group of Companies Limited, ZipBy USA LLC of Filing Proposed Order for TRO (Attachments: #1 Text of Proposed Order)(Cotter, John) |
| Filing 24 Clerk's Notes for Motion Hearing held via Zoom before Judge Douglas P. Woodlock: Court hears argument on Motion for Temporary Restraining Order. Motion for Expedited Discovery #2 GRANTED. Parties shall file a joint proposal for a Scheduling Order no later than 5/26/2020. Motion for Temporary Restraining Order #2 GRANTED. Plaintiff to submit a proposed form of Order for the TRO by 5/21/2020. (Court Reporter: Kelly Mortellite at mortellite@gmail.com.)(Attorneys present: Cotter, Dionisi) (Beatty, Barbara) |
| Filing 23 DECLARATION re #16 Memorandum in Opposition to Motion, Memorandum of Opposition by Gregory Parzych. (Dionisi, Robert) |
| Filing 22 Second AFFIDAVIT of Anthony Karam in Support re #2 MOTION for Temporary Restraining Order and MOTION for Preliminary Injunction filed by TMA Capital Australia Pty Ltd, TMA Group of Companies Limited, ZipBy USA LLC. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit)(Cotter, John) |
| Filing 21 DECLARATION re #17 Exhibit Memorandum of Opposition by Gregory Parzych. (Dionisi, Robert) |
| Filing 20 DECLARATION re #17 Exhibit Memorandum of Opposition by Gregory Parzych. (Dionisi, Robert) |
| Filing 19 DECLARATION re #17 Exhibit Memorandum in Opposition by Gregory Parzych. (Dionisi, Robert) |
| Filing 18 DECLARATION re #17 Exhibit Memorandum of Opposition by Gregory Parzych. (Dionisi, Robert) |
| Filing 17 EXHIBIT re #16 Memorandum in Opposition to Motion, for TRO, Preliminary and Expedited Discovery by Gregory Parzych. (Dionisi, Robert) |
| Filing 16 First MEMORANDUM in Opposition re #11 Emergency MOTION for Hearing re #2 MOTION for Temporary Restraining Order and MOTION for Preliminary Injunction Requesting Short Order of Notice, #2 MOTION for Temporary Restraining Order and MOTION for Preliminary Injunction And Expedited Discovery filed by Gregory Parzych. (Dionisi, Robert) |
| Filing 15 NOTICE of Appearance by Robert F. Dionisi, Jr on behalf of Gregory Parzych (Dionisi, Robert) |
| Filing 14 NOTICE by TMA Capital Australia Pty Ltd, TMA Group of Companies Limited, ZipBy USA LLC Regarding Service (Cotter, John) |
| Filing 13 NOTICE OF HEARING on Motion #2 for Temporary Restraining Order and Preliminary Injunction and Expedited Discovery :This hearing will be conducted by video conference. ONLY COUNSEL OF RECORD TO A PARTY TO THE LITIGATION 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 by teleconference to all others, including the media and the public. In order to gain teleconference access to the hearing, such others must sign up at the following address: #www.public.mad.uscourts.gov/seating-signup. 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 is SCHEDULED for 5/19/2020 at 3:30 p.m. before Judge Douglas P. Woodlock. (Beatty, Barbara) |
| Filing 12 Judge Douglas P. Woodlock: ELECTRONIC ORDER granting #11 Plaintiff's Motion for Short Order of Notice. The Defendant, having been served on May 14, 2020, is hereby ORDERED to file a response to the Motion for Temporary Restraining Order, Preliminary Injunction and Expedited Discovery #2 no later than 4:00 p.m. on Monday, May 18, 2020. The hearing is hereby SCHEDULED for Tuesday, May 19, 2020 at 3:30 p.m. Plaintiff is ORDERED to serve defendant with this Order forthwith. (Beatty, Barbara) |
| Filing 11 Emergency MOTION for Hearing re #2 MOTION for Temporary Restraining Order and MOTION for Preliminary Injunction Requesting Short Order of Notice by TMA Capital Australia Pty Ltd, TMA Group of Companies Limited, ZipBy USA LLC.(Cotter, John) |
| Filing 10 Summons Issued as to Gregory Parzych. 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. (Coppola, Katelyn) |
| Filing 9 ELECTRONIC NOTICE of Case Assignment. Judge Douglas P. Woodlock 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 Donald L. Cabell. (Finn, Mary) |
| Filing 7 MEMORANDUM in Support re #2 MOTION for Temporary Restraining Order and MOTION for Preliminary Injunction filed by TMA Capital Australia Pty Ltd, TMA Group of Companies Limited, ZipBy USA LLC. (Cotter, John) |
| Filing 6 NOTICE by TMA Capital Australia Pty Ltd, TMA Group of Companies Limited, ZipBy USA LLC re #2 MOTION for Temporary Restraining Order and MOTION for Preliminary Injunction of Filing Exhibits (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit, #15 Exhibit, #16 Exhibit, #17 Exhibit, #18 Exhibit, #19 Exhibit, #20 Exhibit, #21 Exhibit, #22 Exhibit, #23 Exhibit, #24 Exhibit, #25 Exhibit, #26 Exhibit, #27 Exhibit, #28 Exhibit, #29 Exhibit, #30 Exhibit, #31 Exhibit, #32 Exhibit, #33 Exhibit, #34 Exhibit, #35 Exhibit, #36 Exhibit, #37 Exhibit)(Cotter, John) |
| Filing 5 AFFIDAVIT of Anthony Karam in Support re #2 MOTION for Temporary Restraining Order and MOTION for Preliminary Injunction filed by TMA Capital Australia Pty Ltd, TMA Group of Companies Limited, ZipBy USA LLC. (Cotter, John) |
| Filing 4 AFFIDAVIT of Michael Cauley in Support re #2 MOTION for Temporary Restraining Order and MOTION for Preliminary Injunction filed by TMA Capital Australia Pty Ltd, TMA Group of Companies Limited, ZipBy USA LLC. (Cotter, John) |
| Filing 3 AFFIDAVIT of Shirley Rodriguez in Support re #2 MOTION for Temporary Restraining Order and MOTION for Preliminary Injunction filed by TMA Capital Australia Pty Ltd, TMA Group of Companies Limited, ZipBy USA LLC. (Cotter, John) |
| Filing 2 MOTION for Temporary Restraining Order and, MOTION for Preliminary Injunction ( Responses due by 5/28/2020) by TMA Capital Australia Pty Ltd, TMA Group of Companies Limited, ZipBy USA LLC. (Attachments: #1 Text of Proposed Order)(Cotter, John) |
| Filing 1 COMPLAINT by ZipBy USA LLC et al. against All Defendants Filing fee: $ 400, receipt number 0101-8242068 (Fee Status: Filing Fee paid), filed by TMA Capital Australia Pty Ltd, TMA Group of Companies Limited, ZipBy USA LLC. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Civil Cover Sheet, #11 Category Form, #12 USPTO Report, #13 Rule 7.1 Disclosure)(Cotter, John) |
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