Nuance Communications, Inc. v. Kovalenko
| Nuance Communications, Inc. |
| Kathryn Kovalenko |
| 1:2022cv10656 |
| May 2, 2022 |
| US District Court for the District of Massachusetts |
| Denise J Casper |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Breach of Contract |
| Plaintiff |
Docket Report
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This docket was last retrieved on June 29, 2022. A more recent docket listing may be available from PACER.
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| Filing 45 Judge Denise J. Casper: ORDER entered. MEMORANDUM AND ORDER - The Court ALLOWS Nuance's motion for a preliminary injunction, D. 29, and DENIES as moot Nuance's motion for a temporary restraining order, D. 2. The Court shall enter the order for preliminary injunction as proffered by Nuance, see D. 29 1. For the issuance of this injunctive relief, Nuance is required to post a bond pursuant to Fed. R. Civ. P. 65(c). In the exercise of its discretion, the Court imposes a bond of $100,000.00. The Court will issue the order of preliminary injunction after notice on the docket of the filing of the bond by Nuance.(Hourihan, Lisa) |
| Filing 44 RESPONSE TO COURT ORDER by Kathryn Kovalenko re 40 Order (Supplemental Affidavits) (Ausrotas, Raymond) (Additional attachment(s) added on 6/17/2022: #1 Exhibit A - Supplemental Declaration of Kathryn Kovalenko, #3 Exhibit B - Supplemental Declaration of Cameron Andrews) (Documents separated from main document and docket text edited to reflect correct event) (Currie, Haley). |
| Filing 41 AFFIDAVIT in Support re #29 MOTION for Preliminary Injunction and to Convert TRO Hearing, #36 Reply to Response to Motion, #2 MOTION for Temporary Restraining Order , 40 Order (Affidavit of Alexander Kloet). (Mertineit, Dawn) |
| Filing 40 Judge Denise J. Casper: ELECTRONIC ORDER entered. Nuance has until Thursday, June 9, 2022 to file supplemental affidavit and Defendant has until Thursday, June 16, 2022 to reply to affidavit. No more than 8 pages for either filing.(Hourihan, Lisa) |
| Filing 43 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 42 Transcript of Motion Hearing held on May 26, 2022, before Judge Denise J. Casper. 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: Debra Joyce at joycedebra@gmail.com. Redaction Request due 6/28/2022. Redacted Transcript Deadline set for 7/8/2022. Release of Transcript Restriction set for 9/6/2022. (Coppola, Katelyn) |
| Filing 39 NOTICE by Kathryn Kovalenko JOINT NOTICE TO COURT RE MEDIATION (Ausrotas, Raymond) |
| Filing 38 Electronic Clerk's Notes for proceedings held before Judge Denise J. Casper: Motion Hearing held on 5/26/2022 re #29 MOTION for Preliminary Injunction and to Convert TRO Hearing filed by Nuance Communications, Inc., #2 MOTION for Temporary Restraining Order filed by Nuance Communications, Inc. Court hears arguments from both parties. Court accepts third party link document provided by Plaintiff. Parties shall file a one page notice by Friday, June 3rd, notifying the Court where the parties stand and how the case should move forward. The court holds acceptance of plaintiff's supplemental affidavit pending the filing of the notice and an order will issue on the docket. #2 Motion for TRO and #29 Motion for PI taken under advisement. (Court Reporter: Debra Joyce at joycedebra@gmail.com.)(Attorneys present: Katherine E. Perrelli for Plaintiff. Raymond P. Ausrotas for defendant.) (Currie, Haley) |
| Filing 37 Supplemental AFFIDAVIT of Peter Durlach in Support re #29 MOTION for Preliminary Injunction and to Convert TRO Hearing, #2 MOTION for Temporary Restraining Order (Leave to File Granted 5/16/22) filed by Nuance Communications, Inc.. (Mertineit, Dawn) |
| Filing 36 REPLY to Response to #29 MOTION for Preliminary Injunction and to Convert TRO Hearing, #2 MOTION for Temporary Restraining Order (Leave to File Granted 5/16/22) filed by Nuance Communications, Inc.. (Mertineit, Dawn) |
| Filing 35 Judge Denise J. Casper: ELECTRONIC ORDER entered re: #30 Motion for Expedited Discovery. Having considered Plaintiff's motion for expedited discovery, D. 30, and the opposition to same, D. 33, the Court DENIES the motion. (Hourihan, Lisa) |
| Filing 34 Judge Denise J. Casper: ELECTRONIC ORDER entered re: #24 Motion for Leave to File Reply Brief in Support of Motion for Temporary Restraining Order by Nuance Communications, Inc. Having considered Plaintiff's motion, D. 24, and Defendant's opposition, D. 28, the Court ALLOWS the motion to file the reply brief, D. 24-1, 24-2. The Court does not anticipate any further briefing from either side as counsel will have an opportunity for argument at the 5/26 hearing. 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. (Hourihan, Lisa) |
| Filing 33 Opposition re #30 Emergency MOTION for Discovery (Expedited) filed by Kathryn Kovalenko. (Ausrotas, Raymond) |
| Filing 32 Judge Denise J. Casper: ELECTRONIC ORDER entered re #30 Emergency MOTION for Discovery (Expedited) filed by Nuance Communications, Inc. Defendant to file response to D. 30 by 5/17/22.(Hourihan, Lisa) |
| Filing 31 MEMORANDUM in Support re #30 Emergency MOTION for Discovery (Expedited) filed by Nuance Communications, Inc.. (Mertineit, Dawn) |
| Filing 30 Emergency MOTION for Discovery (Expedited) by Nuance Communications, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Text of Proposed Order C (proposed order))(Mertineit, Dawn) |
| Filing 29 MOTION for Preliminary Injunction and to Convert TRO Hearing by Nuance Communications, Inc.. (Attachments: #1 Text of Proposed Order Ex. 1 - Proposed Order)(Mertineit, Dawn) |
| Filing 28 Opposition re #24 MOTION for Leave to File Reply Brief in Support of Motion for Temporary Restraining Order filed by Kathryn Kovalenko. (Ausrotas, Raymond) |
| Filing 27 ELECTRONIC NOTICE Resetting Hearing on Motion #2 MOTION for Temporary Restraining Order : Motion Hearing set for 5/26/2022 11:00 AM in Courtroom 11 (In person only) before Judge Denise J. Casper. (Hourihan, Lisa) |
| Filing 26 Judge Denise J. Casper: ELECTRONIC ORDER entered granting #25 Motion to Continue Hearing on Motion for TRO (Hourihan, Lisa) |
| Filing 25 Assented to MOTION to Continue Hearing on Nuance's Motion for a Temporary Restraining Order by Nuance Communications, Inc..(Mertineit, Dawn) |
| Filing 24 MOTION for Leave to File Reply Brief in Support of Motion for Temporary Restraining Order by Nuance Communications, Inc.. (Attachments: #1 Exhibit Proposed Reply Brief, #2 Exhibit Proposed Supplemental Affidavit)(Mertineit, Dawn) |
| Filing 23 NOTICE Re: Hearing set for 5/13/22. At the request of counsel for the plaintiff due to Covid protocols, the hearing will be conducted by video 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 sessions 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. For questions regarding access to hearings, you may refer to the Courts general orders and public notices available on #www.mad.uscourts.gov or contact media@mad.uscourts.gov. (Hourihan, Lisa) |
| Filing 22 DECLARATION of Cameron Andrews by Kathryn Kovalenko. (Ausrotas, Raymond) |
| Filing 21 DECLARATION by Kathryn Kovalenko. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Ausrotas, Raymond) (Attachment 4 replaced on 5/9/2022 with corrected document provided by counsel) (Currie, Haley). |
| Filing 20 Opposition re #2 MOTION for Temporary Restraining Order and Preliminary Injunction filed by Kathryn Kovalenko. (Ausrotas, Raymond) |
| Filing 19 ELECTRONIC NOTICE Setting Hearing on Motion #2 MOTION for Temporary Restraining Order : Motion Hearing set for 5/13/2022 11:00 AM in Courtroom 11 (In person only) before Judge Denise J. Casper. Defendant's response to the Motion for TRO shall be filed no later than 9:00 a.m. on May 9, 2022.(Hourihan, Lisa) |
| Filing 18 ELECTRONIC NOTICE of Reassignment. Judge Denise J. Casper added. Judge Indira Talwani no longer assigned to case. (Finn, Mary) |
| Filing 17 Judge Indira Talwani: ORDER entered. ORDER OF RECUSAL.(MacDonald, Gail) |
| Filing 16 ELECTRONIC NOTICE Resetting Hearing on Motion #2 MOTION for Temporary Restraining Order: Motion Hearing set for 5/4/2022, is RESET for 5/10/2022 10:00 AM in Courtroom 9 (In person only) before Judge Indira Talwani. (MacDonald, Gail) |
| Filing 15 Judge Indira Talwani: ELECTRONIC ORDER granting Defendant's Emergency Motion to Continue TRO Hearing #13 . Where the parties have been exchanging correspondence regarding Defendant's employment since March 29, 2022, the court finds that an additional week's time to allow Defendant to file a response to Plaintiff's Motion for a Temporary Restraining Order #2 is warranted. The clerk shall set the matter for hearing on the morning of May 10, 2022. Defendant's response shall be filed no later than 9:00 a.m. on May 9, 2022. (MacDonald, Gail) |
| Filing 14 Opposition re #13 Emergency MOTION to Continue TRO Hearing to any date and time agreeable to Court between May 9 through May 11, 2022 filed by Nuance Communications, Inc.. (Attachments: #1 Exhibit A)(Mertineit, Dawn) |
| Filing 13 Emergency MOTION to Continue TRO Hearing to any date and time agreeable to Court between May 9 through May 11, 2022 by Kathryn Kovalenko.(Ausrotas, Raymond) |
| Filing 12 NOTICE of Appearance by Katherine E. Perrelli on behalf of Nuance Communications, Inc. (Perrelli, Katherine) |
| Filing 11 NOTICE of Appearance by Raymond P. Ausrotas on behalf of Kathryn Kovalenko (Ausrotas, Raymond) |
| Filing 10 ELECTRONIC NOTICE Setting Hearing on Motion #2 MOTION for Temporary Restraining Order : Motion Hearing set for 5/4/2022 01:30 PM in Courtroom 9 (In person only) before Judge Indira Talwani. Plaintiff's counsel shall serve this notice on defendant or their counsel. (MacDonald, Gail) |
| Filing 9 Summons Issued as to Kathryn Kovalenko. 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. (Warnock, Douglas) |
| Filing 8 ELECTRONIC NOTICE of Case Assignment. Judge Indira Talwani 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 Jennifer C. Boal. (Finn, Mary) |
| Filing 7 CORPORATE DISCLOSURE STATEMENT by Nuance Communications, Inc. identifying Corporate Parent Microsoft Corporation for Nuance Communications, Inc... (Mertineit, Dawn) |
| Filing 6 AFFIDAVIT of Dawn Mertineit in Support re #2 MOTION for Temporary Restraining Order filed by Nuance Communications, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Mertineit, Dawn) |
| Filing 5 AFFIDAVIT of Nicole Michel in Support re #2 MOTION for Temporary Restraining Order filed by Nuance Communications, Inc.. (Attachments: #1 Exhibit A)(Mertineit, Dawn) |
| Filing 4 AFFIDAVIT in Support re #2 MOTION for Temporary Restraining Order (Affidavit of Peter Durlach) filed by Nuance Communications, Inc.. (Mertineit, Dawn) |
| Filing 3 MEMORANDUM in Support re #2 MOTION for Temporary Restraining Order filed by Nuance Communications, Inc.. (Mertineit, Dawn) |
| Filing 2 MOTION for Temporary Restraining Order by Nuance Communications, Inc.. (Attachments: #1 Text of Proposed Order Proposed Order)(Mertineit, Dawn) |
| Filing 1 COMPLAINT against Kathryn Kovalenko Filing fee: $ 402, receipt number AMADC-9302756 (Fee Status: Filing Fee paid), filed by Nuance Communications, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Civil Cover Sheet Civil Cover Sheet, #5 JS45 Case Category Form)(Mertineit, Dawn) |
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| Plaintiff: Nuance Communications, Inc. | |
| Represented By: | Dawn M. Mertineit |
| Represented By: | Katherine E. Perrelli |
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| Defendant: Kathryn Kovalenko | |
| Represented By: | Raymond P. Ausrotas |
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