Axia NetMedia Corporation v. Massachusetts Technology Park Corporation
| Axia NetMedia Corporation |
| Massachusetts Technology Park Corporation and Massachusetts Technology Park Corporation doing business as Massachusetts Technology Collaborative |
| KCST USA, Inc. |
| 4:2017cv10482 |
| March 22, 2017 |
| US District Court for the District of Massachusetts |
| Worcester Office |
| Barnstable |
| Timothy S Hillman |
| Contract: Other |
| 28 U.S.C. § 2201 |
| Plaintiff |
Docket Report
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| Filing 297 District Judge Timothy S. Hillman: ORDER entered. JUDGMENT. Consistent with the First Circuit's ruling on August 31, 2020, the Court affirms the arbitrator's Partial Final Award ("PFA"), the Final Award and Modification of Partial Final Award, and the Modification of Final Award. (Castles, Martin) |
| Filing 296 MANDATE of USCA as to #290 Notice of Appeal filed by Axia NetMedia Corporation. Appeal #290 Terminated (Paine, Matthew) |
| Filing 295 USCA Judgment as to #290 Notice of Appeal filed by Axia NetMedia Corporation.The district court's ruling is REVERSED, and the case is REMANDED with instructions to enter a judgment confirming the arbitration award. (Paine, Matthew) |
| Filing 294 OPINION of USCA as to #290 Notice of Appeal filed by Axia NetMedia Corporation. (Paine, Matthew) |
| District Judge Timothy S. Hillman: ORDER entered. Case stayed pending appeal.(Castles, Martin) |
| Filing 293 District Judge Timothy S. Hillman: ELECTRONIC ORDER entered denying #287 Motion for Leave to File and denying #289 Motion for Leave to File. (Castles, Martin) |
| Filing 292 USCA Case Number 19-1649 for #290 Notice of Appeal filed by Axia NetMedia Corporation. (Paine, Matthew) |
| Filing 291 Certified and Transmitted Abbreviated Electronic Record on Appeal to US Court of Appeals re #290 Notice of Appeal. (Paine, Matthew) |
| Filing 290 NOTICE OF APPEAL #286 Memorandum and Order by Axia NetMedia Corporation Filing fee: $ 505, receipt number 0101-7749509 Fee Status: Not Exempt. NOTICE TO COUNSEL: A Transcript Report/Order Form, which can be downloaded from the First Circuit Court of Appeals web site at #http://www.ca1.uscourts.gov MUST be completed and submitted to the Court of Appeals. Counsel shall register for a First Circuit CM/ECF Appellate Filer Account at #http://pacer.psc.uscourts.gov/cmecf. Counsel shall also review the First Circuit requirements for electronic filing by visiting the CM/ECF Information section at #http://www.ca1.uscourts.gov/cmecf. US District Court Clerk to deliver official record to Court of Appeals by 7/15/2019. (Larson, Adam) (Modified on 6/25/2019 to Correct Docket Text and CM/ECF Document Link) (Paine, Matthew). |
| Filing 289 MOTION for Leave to File A Reply Memorandum by Axia NetMedia Corporation. (Attachments: #1 Exhibit Reply Memorandum, #2 Exhibit Certified Bankruptcy Docket)(Larson, Adam) |
| Filing 288 MEMORANDUM in Opposition re #287 MOTION for Leave to File to Amend Its Reply Memorandum to Confirm and Enforce Arbitration Award, and to its Opposition to MTC's Motion to Vacate (Partial Opposition) filed by Massachusetts Technology Park Corporation. (Attachments: #1 Exhibit A (Certified copy of Bankrutpcy Court filing by KCST entitled "Motion by Debtor to Confirm Arbitration Award as to KCST"))(Kaler, Robert) |
| Filing 287 MOTION for Leave to File to Amend Its Reply Memorandum to Confirm and Enforce Arbitration Award, and to its Opposition to MTC's Motion to Vacate by Axia NetMedia Corporation. (Attachments: #1 Copy of Certified Order and Judgment, #2 Relevant Portions of the Hearing Transcript)(Larson, Adam) |
| Filing 286 District Judge Timothy S. Hillman: MEMORANDUM AND ORDER entered denying #241 Motion to Enforce Judgment and granting #243 Motion to Vacate. (Castles, Martin) |
| Filing 285 MANDATE of USCA as to #238 Notice of Appeal filed by Axia NetMedia Corporation, #234 Notice of Appeal filed by Axia NetMedia Corporation. Appeal #234 , #238 Terminated (Paine, Matthew) |
| Filing 284 USCA Judgment as to #238 Notice of Appeal filed by Axia NetMedia Corporation, #234 Notice of Appeal filed by Axia NetMedia Corporation. Appeals Dismissed... (Paine, Matthew) |
| Filing 283 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 282 Transcript of Motion Hearing held on March 12, 2019, before Judge Timothy S. Hillman. COA Case No. 18-2180 and 18-2192. 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 4/15/2019. Redacted Transcript Deadline set for 4/25/2019. Release of Transcript Restriction set for 6/24/2019. (Scalfani, Deborah) |
| Filing 281 Supplemental MEMORANDUM in Support re #243 MOTION to Vacate and/or Modify Arbitration Award filed by Massachusetts Technology Park Corporation. (Kaler, Robert) |
| Filing 280 AFFIDAVIT of Harold Murphy by Axia NetMedia Corporation. (Larson, Adam) |
| Filing 279 AFFIDAVIT of Adam A. Larson in Support of Axia NetMedia Corp.'s Response/Objection to Defendant MTC's Motion to Partially Vacate Arbitration Award by Axia NetMedia Corporation. (Larson, Adam) |
| Filing 278 SUR-REPLY to Motion re #243 MOTION to Vacate and/or Modify Arbitration Award filed by Axia NetMedia Corporation. (Attachments: #1 Exhibit A Decision by Bankruptcy Court)(Larson, Adam) |
| Filing 277 District Judge Timothy S. Hillman: ELECTRONIC ORDER entered granting #247 Motion; granting #272 Motion for Leave to File Document; granting #274 Motion for Leave to File Document; and granting #275 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. (Castles, Martin) |
| Filing 276 Electronic Clerk's Notes for proceedings held before District Judge Timothy S. Hillman: Motion Hearing held on 3/12/2019 re #241 MOTION to Enforce Judgment Axia NetMedia Corporation's Motion to Confirm and Enforce Final Award and For Entry of Final Judgment filed by Axia NetMedia Corporation, and #243 MOTION to Vacate and/or Modify Arbitration Award filed by Massachusetts Technology Park Corporation, Case called, Counsel appear for motion hearing, Court hears arguments of counsel, Court rules taking under advisement #241 Motion to Enforce Judgment and taking under advisement #243 Motion to Vacate. (Court Reporter: Marianne Kusa-Ryll at justicehill@aol.com.)(Attorneys present: Voke,Larson/Kaler,Hall) (Castles, Martin) |
| Filing 275 Supplemental MOTION for Leave to File Affidavits Responding to MTC's Response to Axia NetMedia Corp.'s Sur Reply by Axia NetMedia Corporation. (Attachments: #1 Exhibit Affidavit of Adam A. Larson, #2 Exhibit Affidavit of Harold Murphy)(Larson, Adam) |
| Filing 274 MOTION for Leave to File Affidavit Responding to MTC's Response to Axia NetMedia Corp.'s Sur Reply by Axia NetMedia Corporation. (Attachments: #1 Exhibit Affidavit of Adam A. Larson in Support of Axia NetMedia Corp.'s Response/Opposition to MTC's Motion to Partially Vacate Arbitration Award)(Larson, Adam) |
| Filing 273 RESPONSE to Motion re #272 MOTION for Leave to File Sur Reply to MTC's Reply to Axia NetMedia Corp.'s Opposition to Motion to Partially Vacate and Modify Arbitration Award and MTC Cross-Motion to File Attached Supplemental Memorandum Regarding Same filed by Massachusetts Technology Park Corporation. (Attachments: #1 Exhibit A)(Kaler, Robert) |
| Filing 272 MOTION for Leave to File Sur Reply to MTC's Reply to Axia NetMedia Corp.'s Opposition to Motion to Partially Vacate and Modify Arbitration Award by Axia NetMedia Corporation. (Attachments: #1 Exhibit Axia NetMedia Corp.'s Sur Reply)(Larson, Adam) |
| Filing 271 REPLY to Response to #243 MOTION to Vacate and/or Modify Arbitration Award filed by Massachusetts Technology Park Corporation. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Kaler, Robert) |
| Filing 270 EXHIBIT TO AFFIDAVIT OF DANIEL C. WARD by Axia NetMedia Corporation. (Attachments: #1 Exhibit 522, #2 Exhibit 523, #3 Exhibit 524, #4 Exhibit 525, #5 Exhibit 526, #6 Exhibit 527, #7 Exhibit 528, #8 Exhibit 529, #9 Exhibit 530, #10 Exhibit 531, #11 Exhibit 532, #12 Exhibit 533, #13 Exhibit 534, #14 Exhibit 535, #15 Exhibit 536, #16 Exhibit 537, #17 Exhibit 538, #18 Exhibit 539, #19 Exhibit 540, #20 Exhibit 541, #21 Exhibit 542, #22 Exhibit 543, #23 Exhibit 544, #24 Exhibit 545, #25 Exhibit 546, #26 Exhibit 547, #27 Exhibit 548, #28 Exhibit 549, #29 Exhibit 550, #30 Exhibit 551, #31 Exhibit 552, #32 Exhibit 553, #33 Exhibit 554, #34 Exhibit 555, #35 Exhibit 556, #36 Exhibit 557, #37 Exhibit 558, #38 Exhibit 559, #39 Exhibit 560, #40 Exhibit 561, #41 Exhibit 562, #42 Exhibit 563, #43 Exhibit 564, #44 Exhibit 565, #45 Exhibit 566, #46 Exhibit 567, #47 Exhibit 568, #48 Exhibit 569, #49 Exhibit 570, #50 Exhibit 571, #51 Exhibit 572, #52 Exhibit 573, #53 Exhibit 574, #54 Exhibit 575, #55 Exhibit 576, #56 Exhibit 577, #57 Exhibit 578, #58 Exhibit 579, #59 Exhibit 580, #60 Exhibit 581, #61 Exhibit 582, #62 Exhibit 583, #63 Exhibit 584, #64 Exhibit 585, #65 Exhibit 586, #66 Exhibit 587, #67 Exhibit 588, #68 Exhibit 589, #69 Exhibit 590, #70 Exhibit 591, #71 Exhibit 592, #72 Exhibit 593, #73 Exhibit 594, #74 Exhibit 595, #75 Exhibit 596, #76 Exhibit 597, #77 Exhibit 598, #78 Exhibit 599, #79 Exhibit 600, #80 Exhibit 601, #81 Exhibit 602, #82 Exhibit 603, #83 Exhibit 604, #84 Exhibit 605, #85 Exhibit 606, #86 Exhibit 607, #87 Exhibit 608, #88 Exhibit 609, #89 Exhibit 610, #90 Exhibit 611, #91 Exhibit 612, #92 Exhibit 613, #93 Exhibit 614, #94 Exhibit 615, #95 Exhibit 616, #96 Exhibit 617, #97 Exhibit 618, #98 Exhibit 619, #99 Exhibit 620, #100 Exhibit 621, #101 Exhibit 622, #102 Exhibit 623, #103 Exhibit 624, #104 Exhibit 625, #105 Exhibit 626, #106 Exhibit 627, #107 Exhibit 628, #108 Exhibit 629, #109 Exhibit 630, #110 Exhibit 631, #111 Exhibit 632, #112 Exhibit 633, #113 Exhibit 634, #114 Exhibit 635, #115 Exhibit 636, #116 Exhibit 637, #117 Exhibit 638, #118 Exhibit 639, #119 Exhibit 640, #120 Exhibit 641, #121 Exhibit 642, #122 Exhibit 643, #123 Exhibit 644, #124 Exhibit 645, #125 Exhibit 646, #126 Exhibit 647, #127 Exhibit 648, #128 Exhibit 649, #129 Exhibit 650, #130 Exhibit 651, #131 Exhibit 652, #132 Exhibit 653, #133 Exhibit 654, #134 Exhibit 655, #135 Exhibit 656, #136 Exhibit 657, #137 Exhibit 658, #138 Exhibit 659, #139 Exhibit 660, #140 Exhibit 661, #141 Exhibit 662, #142 Exhibit 663)(Larson, Adam) |
| Filing 269 EXHIBIT TO AFFIDAVIT OF DANIEL C. WARD by Axia NetMedia Corporation. (Attachments: #1 Exhibit 406, #2 Exhibit 407, #3 Exhibit 408, #4 Exhibit 409, #5 Exhibit 410, #6 Exhibit 411, #7 Exhibit 412, #8 Exhibit 413, #9 Exhibit 414, #10 Exhibit 415, #11 Exhibit 416, #12 Exhibit 417, #13 Exhibit 418, #14 Exhibit 419, #15 Exhibit 420, #16 Exhibit 421, #17 Exhibit 422, #18 Exhibit 423, #19 Exhibit 424, #20 Exhibit 425, #21 Exhibit 426, #22 Exhibit 427, #23 Exhibit 428, #24 Exhibit 429, #25 Exhibit 430, #26 Exhibit 431, #27 Exhibit 432, #28 Exhibit 433, #29 Exhibit 434, #30 Exhibit 435, #31 Exhibit 436, #32 Exhibit 437, #33 Exhibit 438, #34 Exhibit 439, #35 Exhibit 440, #36 Exhibit 441, #37 Exhibit 442, #38 Exhibit 443, #39 Exhibit 444, #40 Exhibit 445, #41 Exhibit 446, #42 Exhibit 447, #43 Exhibit 448, #44 Exhibit 449, #45 Exhibit 450, #46 Exhibit 450, #47 Exhibit 451, #48 Exhibit 452, #49 Exhibit 453, #50 Exhibit 454, #51 Exhibit 455, #52 Exhibit 456, #53 Exhibit 457, #54 Exhibit 458, #55 Exhibit 459, #56 Exhibit 460, #57 Exhibit 461, #58 Exhibit 462, #59 Exhibit 463, #60 Exhibit 464, #61 Exhibit 465, #62 Exhibit 466, #63 Exhibit 467, #64 Exhibit 468, #65 Exhibit 469, #66 Exhibit 470, #67 Exhibit 471, #68 Exhibit 472, #69 Exhibit 473, #70 Exhibit 474, #71 Exhibit 475, #72 Exhibit 476, #73 Exhibit 477, #74 Exhibit 478, #75 Exhibit 479, #76 Exhibit 480, #77 Exhibit 481, #78 Exhibit 482, #79 Exhibit 483, #80 Exhibit 484, #81 Exhibit 485, #82 Exhibit 486, #83 Exhibit 487, #84 Exhibit 488, #85 Exhibit 489, #86 Exhibit 490, #87 Exhibit 491, #88 Exhibit 492, #89 Exhibit 493, #90 Exhibit 494, #91 Exhibit 495, #92 Exhibit 496, #93 Exhibit 497, #94 Exhibit 498, #95 Exhibit 498, #96 Exhibit 498, #97 Exhibit 498, #98 Exhibit 498, #99 Exhibit 498, #100 Exhibit 498, #101 Exhibit 499, #102 Exhibit 500, #103 Exhibit 501, #104 Exhibit 502, #105 Exhibit 503, #106 Exhibit 504, #107 Exhibit 505, #108 Exhibit 506, #109 Exhibit 507, #110 Exhibit 508, #111 Exhibit 509, #112 Exhibit 510, #113 Exhibit 511, #114 Exhibit 512, #115 Exhibit 513, #116 Exhibit 514, #117 Exhibit 515, #118 Exhibit 516, #119 Exhibit 517, #120 Exhibit 518, #121 Exhibit 519, #122 Exhibit 520)(Larson, Adam) |
| Filing 268 EXHIBIT A TO #263 AFFIDAVIT OF ADAM A. LARSON by Axia NetMedia Corporation. (Attachments: #1 Exhibit B, #2 Exhibit C, #3 Exhibit D, #4 Exhibit E, #5 Exhibit F, #6 Exhibit G, #7 Exhibit H, #8 Exhibit I, #9 Exhibit J, #10 Exhibit K, #11 Exhibit L, #12 Exhibit M, #13 Exhibit N, #14 Exhibit O, #15 Exhibit P, #16 Exhibit Q, #17 Exhibit R, #18 Exhibit S, #19 Exhibit T, #20 Exhibit U, #21 Exhibit W, #22 Exhibit X, #23 Exhibit Y, #24 Exhibit Z, #25 Exhibit AA, #26 Exhibit BB, #27 Exhibit CC, #28 Exhibit DD, #29 Exhibit EE, #30 Exhibit FF, #31 Exhibit GG, #32 Exhibit HH, #33 Exhibit JJ, #34 Exhibit KK, #35 Exhibit LL)(Larson, Adam) Modified on 2/5/2019 (Burgos, Sandra). |
| Filing 267 AFFIDAVIT of Daniel C. Ward (Part III) by Axia NetMedia Corporation. (Attachments: #1 Exhibit 246, #2 Exhibit 247, #3 Exhibit 248, #4 Exhibit 249, #5 Exhibit 250, #6 Exhibit 251, #7 Exhibit 252, #8 Exhibit 253, #9 Exhibit 254, #10 Exhibit 255, #11 Exhibit 256, #12 Exhibit 257, #13 Exhibit 258, #14 Exhibit 259, #15 Exhibit 260, #16 Exhibit 261, #17 Exhibit 262, #18 Exhibit 263, #19 Exhibit 264, #20 Exhibit 265, #21 Exhibit 266, #22 Exhibit 267, #23 Exhibit 268, #24 Exhibit 269, #25 Exhibit 270, #26 Exhibit 271, #27 Exhibit 272, #28 Exhibit 273, #29 Exhibit 274, #30 Exhibit 275, #31 Exhibit 276, #32 Exhibit 277, #33 Exhibit 278, #34 Exhibit 279, #35 Exhibit 280, #36 Exhibit 281, #37 Exhibit 282, #38 Exhibit 283, #39 Exhibit 284, #40 Exhibit 285, #41 Exhibit 286, #42 Exhibit 287, #43 Exhibit 288, #44 Exhibit 289, #45 Exhibit 290, #46 Exhibit 291, #47 Exhibit 292, #48 Exhibit 293, #49 Exhibit 294, #50 Exhibit 295, #51 Exhibit 296, #52 Exhibit 297, #53 Exhibit 298, #54 Exhibit 299, #55 Exhibit 300, #56 Exhibit 301, #57 Exhibit 302, #58 Exhibit 303, #59 Exhibit 304, #60 Exhibit 305, #61 Exhibit 306, #62 Exhibit 307, #63 Exhibit 308, #64 Exhibit 309, #65 Exhibit 310, #66 Exhibit 311, #67 Exhibit 312, #68 Exhibit 313, #69 Exhibit 314, #70 Exhibit 315, #71 Exhibit 316, #72 Exhibit 317, #73 Exhibit 318, #74 Exhibit 319, #75 Exhibit 320, #76 Exhibit 321, #77 Exhibit 322, #78 Exhibit 323, #79 Exhibit 324, #80 Exhibit 325, #81 Exhibit 326, #82 Exhibit 327, #83 Exhibit 328, #84 Exhibit 329, #85 Exhibit 330, #86 Exhibit 331, #87 Exhibit 332, #88 Exhibit 333, #89 Exhibit 334, #90 Exhibit 335, #91 Exhibit 336, #92 Exhibit 337, #93 Exhibit 338, #94 Exhibit 339, #95 Exhibit 340, #96 Exhibit 341, #97 Exhibit 342, #98 Exhibit 343, #99 Exhibit 344, #100 Exhibit 345, #101 Exhibit 346, #102 Exhibit 347, #103 Exhibit 348, #104 Exhibit 349, #105 Exhibit 350, #106 Exhibit 351, #107 Exhibit 352, #108 Exhibit 353, #109 Exhibit 354, #110 Exhibit 355, #111 Exhibit 356, #112 Exhibit 357, #113 Exhibit 358, #114 Exhibit 359, #115 Exhibit 360, #116 Exhibit 361, #117 Exhibit 362, #118 Exhibit 363, #119 Exhibit 364, #120 Exhibit 365, #121 Exhibit 366, #122 Exhibit 367, #123 Exhibit 369, #124 Exhibit 370, #125 Exhibit 371, #126 Exhibit 372, #127 Exhibit 373, #128 Exhibit 374, #129 Exhibit 375, #130 Exhibit 376, #131 Exhibit 377, #132 Exhibit 378, #133 Exhibit 379, #134 Exhibit 380, #135 Exhibit 381, #136 Exhibit 382, #137 Exhibit 383, #138 Exhibit 384, #139 Exhibit 385, #140 Exhibit 386, #141 Exhibit 387, #142 Exhibit 388, #143 Exhibit 389, #144 Exhibit 390, #145 Exhibit 391, #146 Exhibit 392, #147 Exhibit 393, #148 Exhibit 394, #149 Exhibit 395, #150 Exhibit 396, #151 Exhibit 397, #152 Exhibit 398, #153 Exhibit 399, #154 Exhibit 400, #155 Exhibit 368, #156 Exhibit 401, #157 Exhibit 402, #158 Exhibit 403, #159 Exhibit 404)(Larson, Adam) |
| Filing 266 AFFIDAVIT of Daniel C. Ward (Part II) by Axia NetMedia Corporation. (Attachments: #1 Exhibit 106, #2 Exhibit 107, #3 Exhibit 108, #4 Exhibit 109, #5 Exhibit 110, #6 Exhibit 111, #7 Exhibit 112, #8 Exhibit 113, #9 Exhibit 114, #10 Exhibit 115, #11 Exhibit 116, #12 Exhibit 117, #13 Exhibit 118, #14 Exhibit 119, #15 Exhibit 120, #16 Exhibit 121, #17 Exhibit 122, #18 Exhibit 123, #19 Exhibit 124, #20 Exhibit 125, #21 Exhibit 126, #22 Exhibit 127, #23 Exhibit 128, #24 Exhibit 129, #25 Exhibit 130, #26 Exhibit 131, #27 Exhibit 132, #28 Exhibit 133, #29 Exhibit 134, #30 Exhibit 135, #31 Exhibit 136, #32 Exhibit 137, #33 Exhibit 138, #34 Exhibit 139, #35 Exhibit 140, #36 Exhibit 141, #37 Exhibit 142, #38 Exhibit 143, #39 Exhibit 144, #40 Exhibit 145, #41 Exhibit 146, #42 Exhibit 147, #43 Exhibit 148, #44 Exhibit 149, #45 Exhibit 150, #46 Exhibit 151, #47 Exhibit 152, #48 Exhibit 153, #49 Exhibit 154, #50 Exhibit 155, #51 Exhibit 156, #52 Exhibit 157, #53 Exhibit 158, #54 Exhibit 159, #55 Exhibit 160, #56 Exhibit 161, #57 Exhibit 162, #58 Exhibit 163, #59 Exhibit 164, #60 Exhibit 165, #61 Exhibit 166, #62 Exhibit 167, #63 Exhibit 168, #64 Exhibit 169, #65 Exhibit 170, #66 Exhibit 171, #67 Exhibit 172, #68 Exhibit 173, #69 Exhibit 174, #70 Exhibit 175, #71 Exhibit 176, #72 Exhibit 177, #73 Exhibit 178, #74 Exhibit 179, #75 Exhibit 180, #76 Exhibit 181, #77 Exhibit 182, #78 Exhibit 183, #79 Exhibit 184, #80 Exhibit 185, #81 Exhibit 186, #82 Exhibit 187, #83 Exhibit 188, #84 Exhibit 189, #85 Exhibit 190, #86 Exhibit 191, #87 Exhibit 192, #88 Exhibit 193, #89 Exhibit 194, #90 Exhibit 195, #91 Exhibit 196, #92 Exhibit 197, #93 Exhibit 198, #94 Exhibit 199, #95 Exhibit 200, #96 Exhibit 201, #97 Exhibit 202, #98 Exhibit 203, #99 Exhibit 204, #100 Exhibit 205, #101 Exhibit 206, #102 Exhibit 207, #103 Exhibit 208, #104 Exhibit 209, #105 Exhibit 210, #106 Exhibit 211, #107 Exhibit 212, #108 Exhibit 213, #109 Exhibit 214, #110 Exhibit 215, #111 Exhibit 216, #112 Exhibit 217, #113 Exhibit 218, #114 Exhibit 219, #115 Exhibit 220, #116 Exhibit 221, #117 Exhibit 222, #118 Exhibit 223, #119 Exhibit 224, #120 Exhibit 225, #121 Exhibit 226, #122 Exhibit 227, #123 Exhibit 228, #124 Exhibit 229, #125 Exhibit 230, #126 Exhibit 231, #127 Exhibit 232, #128 Exhibit 233, #129 Exhibit 234, #130 Exhibit 235, #131 Exhibit 236, #132 Exhibit 237, #133 Exhibit 238, #134 Exhibit 239, #135 Exhibit 240, #136 Exhibit 241, #137 Exhibit 242, #138 Exhibit 243, #139 Exhibit 244, #140 Exhibit 245)(Larson, Adam) |
| Filing 265 AFFIDAVIT of Daniel C. Ward (Part I) by Axia NetMedia 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, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27, #28 Exhibit 28, #29 Exhibit 29, #30 Exhibit 30, #31 Exhibit 31, #32 Exhibit 32, #33 Exhibit 33, #34 Exhibit 34, #35 Exhibit 35, #36 Exhibit 36, #37 Exhibit 37, #38 Exhibit 38, #39 Exhibit 39, #40 Exhibit 40, #41 Exhibit 41, #42 Exhibit 42, #43 Exhibit 43, #44 Exhibit 44, #45 Exhibit 45, #46 Exhibit 46, #47 Exhibit 47, #48 Exhibit 48, #49 Exhibit 49, #50 Exhibit 50, #51 Exhibit 51, #52 Exhibit 52, #53 Exhibit 53, #54 Exhibit 54, #55 Exhibit 55, #56 Exhibit 56, #57 Exhibit 57, #58 Exhibit 58, #59 Exhibit 59, #60 Exhibit 60, #61 Exhibit 61, #62 Exhibit 62, #63 Exhibit 63, #64 Exhibit 64, #65 Exhibit 65, #66 Exhibit 66, #67 Exhibit 67, #68 Exhibit 68, #69 Exhibit 69, #70 Exhibit 70, #71 Exhibit 71, #72 Exhibit 72, #73 Exhibit 73, #74 Exhibit 74, #75 Exhibit 75, #76 Exhibit 76, #77 Exhibit 77, #78 Exhibit 78, #79 Exhibit 79, #80 Exhibit 80, #81 Exhibit 81, #82 Exhibit 82, #83 Exhibit 83, #84 Exhibit 84, #85 Exhibit 85, #86 Exhibit 86, #87 Exhibit 87, #88 Exhibit 88, #89 Exhibit 89, #90 Exhibit 90, #91 Exhibit 91, #92 Exhibit 92, #93 Exhibit 93, #94 Exhibit 94, #95 Exhibit 95, #96 Exhibit 96, #97 Exhibit 97, #98 Exhibit 98, #99 Exhibit 99, #100 Exhibit 100, #101 Exhibit 101, #102 Exhibit 102, #103 Exhibit 103, #104 Exhibit 104, #105 Exhibit 105)(Larson, Adam) |
| Filing 264 AFFIDAVIT of Daniel C. Ward by Axia NetMedia Corporation. (Larson, Adam) |
| Filing 263 AFFIDAVIT of Adam A. Larson by Axia NetMedia Corporation. (Larson, Adam) |
| Filing 262 Opposition re #243 MOTION to Vacate and/or Modify Arbitration Award filed by Axia NetMedia Corporation. (Larson, Adam) |
| Filing 261 Response by Axia NetMedia Corporation to #241 MTC's Opposition to Axia NetMedia Corp.'s Motion to Confirm and Enforce Final Award and for Entry of Final Judgment. (Larson, Adam) Modified on 2/4/2019 (Jones, Sherry). |
| Filing 260 District Judge Timothy S. Hillman: ELECTRONIC ORDER entered granting #259 Motion for Extension of Time to File Reply re #241 MOTION to Enforce Judgment Axia NetMedia Corporation's Motion to Confirm and Enforce Final Award and For Entry of Final Judgment. Reply due by 2/1/2019. (Castles, Martin) |
| Filing 259 Assented to MOTION for Extension of Time to February 1, 2019 to to File a Reply to MTC's Opposition to Axias Motion to Confirm and Enforce Final Award and For Entry of Final Judgment by Axia NetMedia Corporation.(Larson, Adam) Modified on 1/31/2019 (Castles, Martin). |
| Filing 258 District Judge Timothy S. Hillman: ELECTRONIC ORDER entered granting #255 Motion for Leave to File Excess Pages. (Castles, Martin) |
| Filing 257 District Judge Timothy S. Hillman: ELECTRONIC ORDER entered granting #256 Motion for Extension of Time to File Response/Reply re #243 MOTION to Vacate and/or Modify Arbitration Award Responses due by 2/1/2019, Replies due by 2/15/2019. (Castles, Martin) |
| Filing 256 Assented to MOTION for Extension of Time to February 1, 2019 to To File Opposition to MTC's Motion to Partially Vacate and Modify Arbitration Award by Axia NetMedia Corporation.(Larson, Adam) Modified on 1/30/2019 (Castles, Martin). |
| Filing 255 Assented to MOTION for Leave to File Excess Pages Axia NetMedia Corporation's Assented-to Motion for Leave to File Opposition to Exceed Twenty Pages by Axia NetMedia Corporation.(Larson, Adam) |
| Filing 254 ELECTRONIC NOTICE Resetting Hearing on Motion #241 MOTION to Enforce Judgment Axia NetMedia Corporation's Motion to Confirm and Enforce Final Award and For Entry of Final Judgment, and #243 MOTION to Vacate and/or Modify Arbitration Award : Motion Hearing reset for 3/12/2019 at 3:00 PM in Courtroom 2 - Worcester before District Judge Timothy S. Hillman. (Castles, Martin) |
| Filing 253 ELECTRONIC NOTICE Setting Hearing on Motion #241 MOTION to Enforce Judgment Axia NetMedia Corporation's Motion to Confirm and Enforce Final Award and For Entry of Final Judgment, and #243 MOTION to Vacate and/or Modify Arbitration Award : Motion Hearing set for 3/1/2019 at 10:00 AM in Courtroom 2 - Worcester before District Judge Timothy S. Hillman. (Castles, Martin) |
| Filing 252 District Judge Timothy S. Hillman: ELECTRONIC ORDER entered granting #248 Motion for Leave to File Reply by 1/31/19. (Castles, Martin) |
| Filing 251 District Judge Timothy S. Hillman: ELECTRONIC ORDER entered granting #249 Motion for Extension of Time to File Response/Reply re #243 MOTION to Vacate and/or Modify Arbitration Award Response due by 1/31/2019, Reply due by 2/14/2019. (Castles, Martin) |
| Filing 250 RESPONSE to Motion re #249 MOTION for Extension of Time to January 31, 2019 to File an opposition to Defendant MTC's Motion to Vacate , #248 MOTION for Leave to File a Reply to MTC's Opposition to Axia's Motion to Confirm and Enforce Final Award and For Entry of Final Judgment and for an Extension of Time to File Reply filed by Massachusetts Technology Park Corporation. (Attachments: #1 Exhibit A (LR 7.1 Correspondence))(Kaler, Robert) |
| Filing 249 MOTION for Extension of Time to January 31, 2019 to File an opposition to Defendant MTC's Motion to Vacate by Axia NetMedia Corporation. (Attachments: #1 Exhibit Brian P. Voke's Affidavit)(Larson, Adam) Modified on 1/9/2019 (Castles, Martin). |
| Filing 248 MOTION for Leave to File a Reply to MTC's Opposition to Axia's Motion to Confirm and Enforce Final Award and For Entry of Final Judgment and for an Extension of Time to File Reply by Axia NetMedia Corporation.(Larson, Adam) |
| Filing 247 MOTION to Clarify Two Points in Its ECF 244 Memorandum of Law in Support of Motion to Partially Vacate and Modify Arbitration Award re #244 Memorandum in Support of Motion to Partially Vacate and Modify Arbitration Award by Massachusetts Technology Park Corporation. (Attachments: #1 Exhibit A-1, #2 Exhibit A-2, #3 Exhibit A-3, #4 Exhibit A-4, #5 Exhibit A-5, #6 Exhibit A-6, #7 Exhibit A-7, #8 Exhibit A-8)(Kaler, Robert) |
| Filing 246 MEMORANDUM in Opposition re #241 MOTION to Enforce Judgment Axia NetMedia Corporation's Motion to Confirm and Enforce Final Award and For Entry of Final Judgment filed by Massachusetts Technology Park Corporation. (Kaler, Robert) |
| Filing 245 AFFIDAVIT of Eileen Pellerin in Support re #243 MOTION to Vacate and/or Modify Arbitration Award filed by Massachusetts Technology Park 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, #10 Exhibit 10, #11 Exhibit 11, Part 1, #12 Exhibit 11, Part 2, #13 Exhibit 12, #14 Exhibit 13, #15 Exhibit 14, #16 Exhibit 15, #17 Exhibit 16, #18 Exhibit 17, #19 Exhibit 18, #20 Exhibit 19, #21 Exhibit 20)(Kaler, Robert) |
| Filing 244 MEMORANDUM in Support re #243 MOTION to Vacate and/or Modify Arbitration Award filed by Massachusetts Technology Park Corporation. (Kaler, Robert) |
| Filing 243 MOTION to Vacate and/or Modify Arbitration Award by Massachusetts Technology Park Corporation.(Kaler, Robert) |
| Filing 242 MEMORANDUM in Support re #241 MOTION to Enforce Judgment Axia NetMedia Corporation's Motion to Confirm and Enforce Final Award and For Entry of Final Judgment filed by Axia NetMedia Corporation. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Larson, Adam) |
| Filing 241 MOTION to Enforce Judgment Axia NetMedia Corporation's Motion to Confirm and Enforce Final Award and For Entry of Final Judgment by Axia NetMedia Corporation.(Larson, Adam) |
| Filing 240 USCA Case Number 18-2192 for #238 Notice of Appeal filed by Axia NetMedia Corporation. (Paine, Matthew) |
| Filing 239 Certified and Transmitted Abbreviated Electronic Record on Appeal to US Court of Appeals re #238 Notice of Appeal. (Paine, Matthew) |
| Filing 238 NOTICE OF APPEAL #230 MEMORANDUM AND ORDER, 235 ELECTRONIC ORDER by Axia NetMedia Corporation Filing fee: $ 505, receipt number 0101-7434867 Fee Status: Not Exempt. NOTICE TO COUNSEL: A Transcript Report/Order Form, which can be downloaded from the First Circuit Court of Appeals web site at #http://www.ca1.uscourts.gov MUST be completed and submitted to the Court of Appeals. Counsel shall register for a First Circuit CM/ECF Appellate Filer Account at #http://pacer.psc.uscourts.gov/cmecf. Counsel shall also review the First Circuit requirements for electronic filing by visiting the CM/ECF Information section at #http://www.ca1.uscourts.gov/cmecf. US District Court Clerk to deliver official record to Court of Appeals by 12/20/2018. (Larson, Adam) Modified on 12/3/2018 to Correct Docket Text and CM/ECF Document Link) (Paine, Matthew). |
| Filing 237 USCA Case Number 18-2180 for #234 Notice of Appeal filed by Axia NetMedia Corporation. (Paine, Matthew) |
| Filing 236 Certified and Transmitted Abbreviated Electronic Record on Appeal to US Court of Appeals re #234 Notice of Appeal (Paine, Matthew) |
| Filing 235 District Judge Timothy S. Hillman: ELECTRONIC ORDER entered denying #232 Motion for Reconsideration. (Castles, Martin) |
| Filing 234 NOTICE OF APPEAL #230 MEMORANDUM AND ORDER by Axia NetMedia Corporation Filing fee: $ 505, receipt number 0101-7427891 Fee Status: Not Exempt. NOTICE TO COUNSEL: A Transcript Report/Order Form, which can be downloaded from the First Circuit Court of Appeals web site at #http://www.ca1.uscourts.gov MUST be completed and submitted to the Court of Appeals. Counsel shall register for a First Circuit CM/ECF Appellate Filer Account at #http://pacer.psc.uscourts.gov/cmecf. Counsel shall also review the First Circuit requirements for electronic filing by visiting the CM/ECF Information section at #http://www.ca1.uscourts.gov/cmecf. US District Court Clerk to deliver official record to Court of Appeals by 12/17/2018. (Larson, Adam) (Modified on 11/27/2018 to Correct Docket Text and CM/ECF Document Link) (Paine, Matthew). |
| Filing 233 MEMORANDUM in Support re #232 MOTION for Reconsideration re #230 Order on Motion for Miscellaneous Relief, Defendant, Axia NetMedia Corporation's Motion for Reconsideration of Order Denying Execution of Bond filed by Axia NetMedia Corporation. (Attachments: #1 Exhibit A Final Award, #2 Exhibit B Partial Final Award)(Larson, Adam) |
| Filing 232 MOTION for Reconsideration re #230 Order on Motion for Miscellaneous Relief, Defendant, Axia NetMedia Corporation's Motion for Reconsideration of Order Denying Execution of Bond by Axia NetMedia Corporation.(Larson, Adam) |
| Filing 231 District Judge Timothy S. Hillman: ELECTRONIC ORDER entered denying as moot #224 Motion for Leave to File Document and granting #226 Motion to Seal Document. (Castles, Martin) |
| Filing 230 District Judge Timothy S. Hillman: MEMORANDUM AND ORDER entered granting in part and denying in part #220 Motion to Dissolve and Nullify the Preliminary Injunction Order and Execute the $4 Million Dollar Bond. The preliminary injunction issued by this Court is dissolved but Axia is not entitled to execute on the bond. (Castles, Martin) |
| 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 (Scalfani, Deborah) |
| Filing 228 Transcript of Motion Hearing held on October 25, 2018, before Judge Timothy S. Hillman. 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 11/21/2018. Redacted Transcript Deadline set for 12/3/2018. Release of Transcript Restriction set for 1/29/2019. (Scalfani, Deborah) |
| Filing 227 Electronic Clerk's Notes for proceedings held before District Judge Timothy S. Hillman: Motion Hearing held on 10/25/2018 re #220 Emergency MOTION to Dissolve and Nullify the Preliminary Injunction Order and Execute the $4 Million Dollar Bond Posted by Massachusetts Technology Park Corporation filed by Axia NetMedia Corporation, Case called, Counsel appear for motion hearing, Court hears arguments of counsel, Court rules taking under advisement #220 Motion to Dissolve and Nullify the Preliminary Injunction Order. (Court Reporter: Marianne Kusa-Ryll at justicehill@aol.com)(Attorneys present: Voke,Larson/Kaler,Hall) (Castles, Martin) |
| Filing 226 MOTION to Seal Document AXIA NETMEDIA CORPORATIONS MOTION TO IMPOUND CONFIDENTIAL DOCUMENTS by Axia NetMedia Corporation. (Attachments: #1 Exhibit A Select pages from July 10, 2018 Arbitration Hearing, #2 Exhibit B Proposed Order to Seal Documents)(Voke, Brian) |
| Filing 225 Opposition re #224 MOTION for Leave to File Axia NetMedia Corporation's Motion for Leave to File Reply to MTC's Opposition to Its Emergency Motion to Dissolve and Nullify the Preliminary Injunction Order and Execute the $4 Million Dollar Bond filed by Massachusetts Technology Park Corporation. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Kaler, Robert) |
| Filing 224 MOTION for Leave to File Axia NetMedia Corporation's Motion for Leave to File Reply to MTC's Opposition to Its Emergency Motion to Dissolve and Nullify the Preliminary Injunction Order and Execute the $4 Million Dollar Bond by Axia NetMedia Corporation. (Attachments: #1 Exhibit Axia NetMedia Corp.'s Reply to MTC's Opposition to Its Emergency Motion to Dissolve and Nullify the Preliminary Injunction Order and Execute the $4 Million Dollar Bond)(Voke, Brian) |
| Filing 223 NOTICE of Appearance by Aaron D. Rosenberg on behalf of KCST USA, Inc. (Rosenberg, Aaron) |
| Filing 222 MEMORANDUM in Opposition re #220 Emergency MOTION to Dissolve and Nullify the Preliminary Injunction Order and Execute the $4 Million Dollar Bond Posted by Massachusetts Technology Park Corporation filed by Massachusetts Technology Park Corporation. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Kaler, Robert) |
| Filing 221 ELECTRONIC NOTICE Setting Hearing on Motion #220 Emergency MOTION to Dissolve and Nullify the Preliminary Injunction Order and Execute the $4 Million Dollar Bond Posted by Massachusetts Technology Park Corporation : Motion Hearing set for 10/25/2018 at 3:30 PM in Courtroom 2 - Worcester before District Judge Timothy S. Hillman. (Castles, Martin) |
| Filing 220 Emergency MOTION to Dissolve and Nullify the Preliminary Injunction Order and Execute the $4 Million Dollar Bond Posted by Massachusetts Technology Park Corporation by Axia NetMedia Corporation. (Attachments: #1 Preliminary Injunction Order, #2 American Arbitration Association Partial Final Award)(Larson, Adam) |
| Filing 219 MANDATE of USCA as to #134 Notice of Appeal filed by Axia NetMedia Corporation. Appeal #134 Terminated (Paine, Matthew) |
| Filing 218 USCA Judgment as to #134 Notice of Appeal filed by Axia NetMedia Corporation. AFFIRMED... (Paine, Matthew) |
| Filing 217 OPINION of USCA as to #134 Notice of Appeal filed by Axia NetMedia Corporation. (Paine, Matthew) |
| Filing 216 RESPONSE TO COURT ORDER by KCST USA, Inc. re 215 Order on Motion for Contempt,, . (Murphy, Harold) |
| Filing 215 District Judge Timothy S. Hillman: ELECTRONIC ORDER entered granting in part and denying in part #214 Motion for Contempt. In furtherance of the lifting of the automatic stay as to Intervenor KCST USA, Inc., per order of the USBC (Katz, J), in the matter of In Re: KCST USA, Inc. (Case Number 17-40501) dated 1/23/18, I order that on or before 5:00 p.m., Friday, January 26, 2018 Axia NetMedia Corporation, their heirs, successors, assigns, and all persons acting in concert with them, including KCST USA, Inc. shall comply with the terms of this Court's order of September 22, 2017. Failure to comply will result in the imposition of sanctions. (Castles, Martin) |
| Filing 214 Emergency MOTION for Contempt (Renewed w/Leave of Court (ECF No. 212) by Massachusetts Technology Park Corporation. (Attachments: #1 Exhibit A (Bankruptcy Court Order of January 23, 2018 Lifting Automatic Stay as to KCST), #2 Exhibit B (Bankruptcy Court Filing - MTC December 29, 2017 Motion to Lift Automatic Stay as to KCST))(Kaler, Robert) |
| Filing 213 District Judge Timothy S. Hillman: ELECTRONIC ORDER entered denying #190 Motion to Strike and denying #192 Motion to Strike. (Castles, Martin) |
| Filing 212 District Judge Timothy S. Hillman: ELECTRONIC ORDER entered denying #183 Motion for Contempt. Because this Court believes that the relief MTC seeks involves KCST taking affirmative action to complete the network hookup, and because KCST is subject to the automatic bankruptcy stay, this Court denies MTC's #183 motion for contempt without prejudice to renew. MTC may renew this motion after seeking relief from the automatic stay in the Bankruptcy Court. If the Bankruptcy Court gives relief from the automatic stay, and/or it is later determined that Axia NetMedia Corporation did have the ability to complete the connection without KCST's involvement, the issue of Axia NetMedia Corporation's contempt will be renewed. (Castles, Martin) |
| Filing 211 District Judge Timothy S. Hillman: ELECTRONIC ORDER entered denying #181 Motion for Reconsideration. (Castles, Martin) |
| Filing 210 Opposition re #183 Emergency MOTION for Contempt and Fines filed by Axia NetMedia Corporation. (Larson, Adam) |
| Filing 209 STATUS REPORT -REQUEST FOR STATUS CONFERENCE on Emergency Motion for Contempt and Fines by Massachusetts Technology Park Corporation. (Kaler, Robert) |
Filing 208
ORDER of USCA as to #134 Notice of Appeal filed by Axia NetMedia Corporation. Plaintiff-appellant's motion for a stay of the preliminary injunction is denied. (Paine, Matthew)
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| Filing 207 Reply to response re #183 Emergency MOTION for Contempt and Fines (LEAVE TO FILE GRANTED 11/7/17 IN ECF #206) filed by Massachusetts Technology Park Corporation. (Kaler, Robert) Modified on 11/9/2017 (Burgos, Sandra). |
| Filing 206 District Judge Timothy S. Hillman: ELECTRONIC ORDER entered granting #203 Motion for Leave to File Document and granting #204 Motion for Leave to File Document; Counsel using the Electronic Case Filing System should now file the documents for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. (Castles, Martin) |
| Filing 205 MEMORANDUM in Opposition re #192 MOTION to Strike Portions of the Affidavit of David Charbonneau's Affidavit as Complete Speculations and Not Based on Personal Knowledge, #190 MOTION to Strike #183 Emergency MOTION for Contempt and Fines, #187 Memorandum in Opposition to Motion, #185 Memorandum in Support of Motion, #184 Affidavit in Support of Motion, Plaintiff Axia NetMedia Corporation's Motion CONSOLIDATED OPPOSITION OF MASSTECH TO ECF NOS. 190, 192 filed by Massachusetts Technology Park Corporation. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Kaler, Robert) |
| Filing 204 MOTION for Leave to File MassTech's Response to KCST's ECF # 203 Reply to Supplemental Memorandum in Support of MassTech's Emergency Motion for Contempt and Fines by Massachusetts Technology Park Corporation. (Attachments: #1 Exhibit A (Defendant MassTech's Response to KCST's Reply to Supplemental Memorandum in Support of Massachusetts Technology Park Corporation's Emergency Motion for Contempt and Fines))(Kaler, Robert) |
| Filing 203 MOTION for Leave to File Reply to Supplemental Memorandum of Law in Support of Defendant Massachusetts Technology Park Corporation's Emergency Motion for Contempt and Fines by KCST USA, Inc..(Lizotte, Andrew) |
| Filing 202 Supplemental MEMORANDUM in Support re #183 Emergency MOTION for Contempt and Fines (Leave to File Granted by ECF #197) filed by Massachusetts Technology Park Corporation. (Kaler, Robert) |
| Filing 201 REPLY to Response to #183 Emergency MOTION for Contempt and Fines (Leave to File Granted by ECF #197) filed by Massachusetts Technology Park Corporation. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7)(Kaler, Robert) |
| Filing 200 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 199 Transcript of Motion Hearing held on October 3, 2017, before Judge Timothy S. Hillman. COA Case No. 17-1607. 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 10/25/2017. Redacted Transcript Deadline set for 11/6/2017. Release of Transcript Restriction set for 1/2/2018. (Scalfani, Deborah) |
| Filing 198 District Judge Timothy S. Hillman: ELECTRONIC ORDER entered granting #194 Motion for Leave to File. 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. (Castles, Martin) |
| Filing 197 District Judge Timothy S. Hillman: ELECTRONIC ORDER entered granting #188 Motion for Leave to File reply. 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. (Castles, Martin) |
| Filing 196 Electronic Clerk's Notes for proceedings held before District Judge Timothy S. Hillman: Motion Hearing held on 10/3/2017 re #183 Emergency MOTION for Contempt and Fines filed by Massachusetts Technology Park Corporation and #181 MOTION for Reconsideration re 179 Order on Motion for Contempt filed by Axia NetMedia Corporation, Case called, Counsel appear for motion hearing, Court hears arguments of counsel, Court rules taking under advisement #181 Motion for Reconsideration ; taking under advisement #183 Motion for Contempt; taking under advisement #190 Motion to Strike ; taking under advisement #192 Motion to Strike. (Court Reporter: Marianne Kusa-Ryll at justicehill@aol.com)(Attorneys present: Voke,Larson/Kaler,Hall/Murphy) (Castles, Martin) |
| Filing 195 Opposition re #183 Emergency MOTION for Contempt and Fines filed by Axia NetMedia Corporation. (Attachments: #1 Exhibit Affidavit of Brian P. Voke, #2 Exhibit Affidavit of Dean G. Tremaine)(Voke, Brian) |
| Filing 194 MOTION for Leave to File Supplemental Memorandum of Law in Support of Defendant MTC's Motion for Contempt and Fines by Massachusetts Technology Park Corporation. (Attachments: #1 Exhibit A (MTC's Suppl. Memo of Law In Support of Defendant MTC's Motion for Contempt and Fines))(Kaler, Robert) |
| Filing 193 MEMORANDUM in Support re #190 MOTION to Strike #183 Emergency MOTION for Contempt and Fines, #187 Memorandum in Opposition to Motion, #185 Memorandum in Support of Motion, #184 Affidavit in Support of Motion, Plaintiff Axia NetMedia Corporation's Motion filed by Axia NetMedia Corporation. (Attachments: #1 Exhibit Affidavit of Adam A. Larson, #2 Exhibit Copy of Email Stating that Mr. Wing is "from KCST", #3 Exhibit Page 49 from Hearing Transcript)(Larson, Adam) |
| Filing 192 MOTION to Strike Portions of the Affidavit of David Charbonneau's Affidavit as Complete Speculations and Not Based on Personal Knowledge by Axia NetMedia Corporation.(Larson, Adam) |
| Filing 191 MEMORANDUM in Support re #190 MOTION to Strike #183 Emergency MOTION for Contempt and Fines, #187 Memorandum in Opposition to Motion, #185 Memorandum in Support of Motion, #184 Affidavit in Support of Motion, Plaintiff Axia NetMedia Corporation's Motion filed by Axia NetMedia Corporation. (Larson, Adam) |
| Filing 190 MOTION to Strike #183 Emergency MOTION for Contempt and Fines, #187 Memorandum in Opposition to Motion, #185 Memorandum in Support of Motion, #184 Affidavit in Support of Motion, Plaintiff Axia NetMedia Corporation's Motion to Strike Defendant's False and Misleading Statements in Its Emergency Motion for Contempt and Fines and Its Opposition to Plaintiff's Motion for Reconsideration of Court's September 22, 2017 Electronic Order by Axia NetMedia Corporation.(Larson, Adam) |
| Filing 189 ELECTRONIC NOTICE Setting Hearing on Motion #181 MOTION for Reconsideration re 179 Order on Motion for Contempt and #183 Emergency MOTION for Contempt and Fines : Motion Hearing set for 10/3/2017 at 9:00 AM in Courtroom 2 - Worcester before District Judge Timothy S. Hillman. The Court has budgeted one (1) hour for this hearing.(Castles, Martin) |
| Filing 188 MOTION for Leave to File Defendant MTC's Reply to Opposition by KCST USA, Inc. to Defendant's Emergency Motion for Contempt and Fines by Massachusetts Technology Park Corporation. (Attachments: #1 Exhibit A (Defendant MTC's Reply to Opposition of KCST USA, Inc. to Defendant's Emergency Motion for Contempt and Fines), #2 Exhibit 1 (to Defendant MTC's Reply), #3 Exhibit 2 (to Defendant MTC's Reply), #4 Exhibit 3 (to Defendant MTC's Reply), #5 Exhibit 4 (to Defendant MTC's Reply), #6 Exhibit 5 (to Defendant MTC's Reply), #7 Exhibit 6 (to Defendant MTC's Reply), #8 Exhibit 7 (to Defendant MTC's Reply))(Kaler, Robert) |
| Filing 187 MEMORANDUM in Opposition re #181 MOTION for Reconsideration re 179 Order on Motion for Contempt,,,,,, Order on Motion to Expedite,,, Order on Motion for Leave to File,, filed by Massachusetts Technology Park Corporation. (Kaler, Robert) |
| Filing 186 Opposition re #183 Emergency MOTION for Contempt and Fines filed by KCST USA, Inc.. (Murphy, Harold) |
| Filing 185 MEMORANDUM in Support re #183 Emergency MOTION for Contempt and Fines filed by Massachusetts Technology Park Corporation. (Kaler, Robert) |
| Filing 184 AFFIDAVIT in Support re #183 Emergency MOTION for Contempt and Fines of David Charbonneau dated 9-27-17 filed by Massachusetts Technology Park Corporation. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Kaler, Robert) |
| Filing 183 Emergency MOTION for Contempt and Fines by Massachusetts Technology Park Corporation.(Kaler, Robert) |
| Filing 182 MEMORANDUM in Support re #181 MOTION for Reconsideration re 179 Order on Motion for Contempt,,,,,, Order on Motion to Expedite,,, Order on Motion for Leave to File,, filed by Axia NetMedia Corporation. (Attachments: #1 Exhibit A Email between D. Tremaine and D. Charbonneau)(Larson, Adam) |
| Filing 181 MOTION for Reconsideration re 179 Order on Motion for Contempt,,,,,, Order on Motion to Expedite,,, Order on Motion for Leave to File,, by Axia NetMedia Corporation.(Larson, Adam) |
| Filing 180 Opposition re #172 Second MOTION for Contempt (Renewed) filed by Axia NetMedia Corporation. (Attachments: #1 Exhibit A-Sept. 25, 2017 Affidavit of Dean G. Tremaine, #2 Exhibit B Excerpts Hearing Tr. Sept. 12, 2017)(Voke, Brian) |
| Filing 179 District Judge Timothy S. Hillman: ELECTRONIC ORDER entered granting in part and denying in part #157 Motion for Contempt. Axia NetMedia is Ordered to hook up to the MBI123 Network, and assign the MTC-requested electronic circuit, IP address, and default gateway for, the "Information Access Connection", as described by MTC and David Charbonneau in Docket Nos. 158 and 159, not later than midnight on Tuesday, September 26, 2017. Defendant's motion is denied as to all other requested relief. Court rules denying as moot #172 Motion for Contempt; denying as moot #176 Motion to Expedite, and denying as moot #178 Motion for Leave to File. (Castles, Martin) |
| Filing 178 MOTION for Leave to File Reply Memorandum in Support of Motion to Shorten Time by Massachusetts Technology Park Corporation. (Attachments: #1 Exh. A - MTC Reply Memorandum)(Hall, Edwin) |
| Filing 177 Opposition re #176 MOTION to Expedite by Shortening Time for Plaintiff Axia NetMedia to Respond to Defendant MTC's Renewed Second Motion for Contempt to Compel Compliance with Preliminary Injunction Order (ECF No. 157) filed by Axia NetMedia Corporation. (Larson, Adam) |
| Filing 176 MOTION to Expedite by Shortening Time for Plaintiff Axia NetMedia to Respond to Defendant MTC's Renewed Second Motion for Contempt to Compel Compliance with Preliminary Injunction Order (ECF No. 157) by Massachusetts Technology Park Corporation.(Hall, Edwin) |
| Filing 175 NOTICE by Axia NetMedia Corporation Notice of Compliance with Electronic Order (Larson, Adam) |
| Filing 174 MEMORANDUM in Support re #172 Second MOTION for Contempt (Renewed) to Compel Compliance With Preliminary Injunction Order filed by Massachusetts Technology Park Corporation. (Kaler, Robert) |
| Filing 173 AFFIDAVIT in Support re #172 Second MOTION for Contempt (Renewed) of David Charbonneau dated 9-19-17 filed by Massachusetts Technology Park Corporation. (Attachments: #1 Exhibit A, #2 Exhibit B)(Kaler, Robert) |
| Filing 172 Second MOTION for Contempt (Renewed) by Massachusetts Technology Park Corporation.(Kaler, Robert) |
| Filing 171 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 170 Transcript of Motion Hearing held on September 12, 2017, before Judge Timothy S. Hillman. COA Case No. 17-1607. 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 10/10/2017. Redacted Transcript Deadline set for 10/19/2017. Release of Transcript Restriction set for 12/18/2017. (Scalfani, Deborah) |
| Filing 169 District Judge Timothy S. Hillman: ELECTRONIC ORDER entered re #157 Second MOTION for Contempt and to Compel Compliance With Preliminary Injunction Order of May 18, 2017 filed by Massachusetts Technology Park Corporation. On or before the COB on September 20, 2017, the parties are to meet and confer in an effort to agree on a written protocol for connecting MTC's selected emergency network operator to the MB1123 Network and assigning the MTC-requested electronic circuit, IP address, and default gateway for the "Information Access Connection." On the day following the meet and confer, the parties shall report to the court ONLY whether they have successfully agreed on a protocol. (Castles, Martin) |
| Filing 168 District Judge Timothy S. Hillman: ELECTRONIC ORDER entered denying #152 Motion to Stay. (Castles, Martin) |
| Filing 167 District Judge Timothy S. Hillman: ELECTRONIC ORDER entered granting #165 Motion for Leave to File reply. 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. (Castles, Martin) |
| Filing 166 Electronic Clerk's Notes for proceedings held before District Judge Timothy S. Hillman: Motion Hearing held on 9/12/2017 re #157 Second MOTION for Contempt and to Compel Compliance With Preliminary Injunction Order of May 18, 2017 filed by Massachusetts Technology Park Corporation, #152 MOTION to Stay Motion For a Stay of Preliminary Injunction Order Pending Appeal filed by Axia NetMedia Corporation, Case called, Counsel appear for motion hearing, Court hears arguments of counsel, Dft calls witness Charbonneau, Exhibit 1 Marked, Court rules taking under advisement #152 Motion to Stay and taking under advisement #157 Motion for Contempt. (Court Reporter: Marianne Kusa-Ryll at justicehill@aol.com.)(Attorneys present: Voke,Larson/Kaler,Hall/Murphy) (Castles, Martin) |
| Filing 165 MOTION for Leave to File Reply Memorandum and Supplemental Affidavit by Massachusetts Technology Park Corporation. (Attachments: #1 Exhibit A (MTC Reply Memorandum in Support of Second Motion for Contempt to Compel Compliance with Preliminary Injunction Order), #2 Exhibit B (Suppl. Aff. of DAvid Charbonneau in Support of Second Motion for Contempt to Compel Compliance with Preliminary Injunction Order))(Kaler, Robert) |
| Filing 164 EXHIBIT re #163 Opposition to Motion, Substituted Exhibit 1 - Affidavit of Dean G. Tremaine by Axia NetMedia Corporation. (Voke, Brian) |
| Filing 163 Opposition re #157 Second MOTION for Contempt and to Compel Compliance With Preliminary Injunction Order of May 18, 2017 filed by Axia NetMedia Corporation. (Attachments: #1 Exhibit 1 - Affidavit of Dean Tremaine, #2 Exhibit 2 - Affidavit of Brian P. Voke)(Voke, Brian) |
| Filing 162 ELECTRONIC NOTICE Setting Hearing on Motion #157 Second MOTION for Contempt and to Compel Compliance With Preliminary Injunction Order of May 18, 2017, and #152 MOTION to Stay Motion For a Stay of Preliminary Injunction Order Pending Appeal : Motion Hearing set for 9/12/2017 at 10:00 AM in Courtroom 2 - Worcester before District Judge Timothy S. Hillman. (Castles, Martin) |
| Filing 161 District Judge Timothy S. Hillman: ELECTRONIC ORDER entered granting #160 Motion to Expedite response. Axia NetMedia is to Respond to Defendant MTC's Second Motion for Contempt to Compel Compliance With Preliminary Injunction by 9/11/17. (Castles, Martin) |
| Filing 160 MOTION to Expedite by Shortening Time For Plaintiff Axia NetMedia to Respond to Defendant MTC's Second Motion for Contempt to Compel Compliance With Preliminary Injunction Order (ECF No. 157) by Massachusetts Technology Park Corporation.(Kaler, Robert) |
| Filing 159 MEMORANDUM in Support re #157 Second MOTION for Contempt and to Compel Compliance With Preliminary Injunction Order of May 18, 2017 filed by Massachusetts Technology Park Corporation. (Kaler, Robert) |
| Filing 158 AFFIDAVIT in Support re #157 Second MOTION for Contempt and to Compel Compliance With Preliminary Injunction Order of May 18, 2017 Aff. of David Charbonneau filed by Massachusetts Technology Park Corporation. (Kaler, Robert) |
| Filing 157 Second MOTION for Contempt and to Compel Compliance With Preliminary Injunction Order of May 18, 2017 by Massachusetts Technology Park Corporation.(Kaler, Robert) |
| Filing 156 MEMORANDUM in Opposition re #152 MOTION to Stay Motion For a Stay of Preliminary Injunction Order Pending Appeal filed by Massachusetts Technology Park Corporation. (Attachments: #1 Exhibit 1)(Kaler, Robert) |
| Filing 155 District Judge Timothy S. Hillman: ELECTRONIC ORDER entered denying #90 Motion to Expedite case management order. (Castles, Martin) |
| Filing 154 District Judge Timothy S. Hillman: MEMORANDUM AND ORDER entered granting #144 Motion to Compel Arbitration. (Castles, Martin) |
| Filing 153 MEMORANDUM in Support re #152 MOTION to Stay Motion For a Stay of Preliminary Injunction Order Pending Appeal filed by Axia NetMedia Corporation. (Attachments: #1 Master Agreement, #2 (Partial) Ex. A to Master Agreement, #3 Joint App. for Domestic Transfer, #4 Affidavit of Art Price Dated March 30, 2017, #5 Ex. B to Affidavit of Art Price-Guaranty Agreement, #6 Ex. F to Affidavit of Art Price-Transitional Services Agreement, #7 Ex. H to Affidavit of Art Price-FCC Order on Reconsideration, #8 Affidavit of George Foote, #9 Affidavit of Stephen Darr, #10 Affidavit of Terrence Fergus, #11 MTC Opp to Axia Proposed Order, #12 Supplemental Affidavit of Art Price, #13 Transcript of Motion Hearing Day 2, #14 Transcript of Motion Hearing Day 3, #15 Transcript of Motion Hearing Day 4, #16 Transcript of Telephonic Motion Hearing, #17 FCC Certification of Record, #18 Affidavit of Alan Hartslief, #19 Affidavit of Dean Tremaine-April 24, 2017, #20 Supplemental Affidavit of Alan Hartslief-May 2, 2017, #21 Transcript of Motion Hearing Day 7, #22 Transcript of Motion Hearing Day 6, #23 Affidavit of Dean Tremaine-May 31, 2017)(Voke, Brian) |
| Filing 152 MOTION to Stay Motion For a Stay of Preliminary Injunction Order Pending Appeal by Axia NetMedia Corporation.(Voke, Brian) |
| Filing 151 District Judge Timothy S. Hillman: ELECTRONIC ORDER entered granting #150 Motion for Leave to File excess pages.(Castles, Martin) |
| Filing 150 MOTION for Leave to File Memorandum of Law In Excess of Twenty Pages by Axia NetMedia Corporation. (Attachments: #1 Memo of Law in Support of Its Motion for Stay of Preliminary Injunction Order Pending Appeal, #2 Master Agreement, #3 (Partial) Ex. A to Master Agreement, #4 Joint App. for Domestic Transfer, #5 Affidavit of Art Price - March 30, 2017, #6 Ex. B to Affidavit of Art Price-Guaranty Agreement, #7 Ex. F to Affidavit of Art Price-Transitional Services Agreement, #8 Ex. H to Affidavit of Art Price-FCC Order on Reconsideration, #9 Affidavit of George Foote, #10 Affidavit of Stephen Darr, #11 Affidavit of Terrence Fergus, #12 MTC Opp to Axia Proposed Order, #13 Supplemental Affidavit of Art Price, #14 Transcript of Motion Hearing Day 2, #15 Transcript of Motion Hearing Day 3, #16 Transcript of Motion Hearing Day 4, #17 Transcript of Telephonic Motion Hearing, #18 FCC Certification of Record, #19 Affidavit of Alan Hartslief, #20 Affidavit of Dean Tremaine-April 24, 2017, #21 Supplemental Affidavit of Alan Hartslilef-May 2, 2017, #22 Transcript of Motion Hearing Day 7, #23 Transcript of Motion Hearing Day 6, #24 Affidavit of Dean Tremaine May 31, 2017)(Voke, Brian) |
| Filing 149 Supplemental JOINT STATEMENT re scheduling conference of Defendant Massachusetts Technology Park Corporation under L.R. 16.1. (Kaler, Robert) |
| Filing 148 REPLY to Response to #144 MOTION to Compel Arbitration (Renewed) in Accordance With "Continued Performance" Term of Guaranty Agreement, #10 MOTION to Compel Arbitration in Accordance With "Continuing Performance" Term of Guaranty Agreement filed by Massachusetts Technology Park Corporation. (Kaler, Robert) |
| Filing 147 District Judge Timothy S. Hillman: ELECTRONIC ORDER entered granting #142 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 and granting #146 Motion for Leave to File reply; 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. (Castles, Martin) |
| Filing 146 MOTION for Leave to File MassTech's Reply to Axia NetMedia Corporation's Opposition to MassTech's Renewed Motion to Compel Arbitration (ECF #144) and Copy of Demand for Arbitration Filed By MassTech With American Arbitration Association by Massachusetts Technology Park Corporation. (Attachments: #1 Exhibit A (Defendant MassTech's Reply to Axia NetMedia Corporation's Opposition to Massachusetts Technology Park Corporation's Motion to Compel Arbitration), #2 Exhibit B (Copy of Demand for Arbitration filed with American Arbitration Association))(Kaler, Robert) |
| Filing 145 Opposition re #144 MOTION to Compel Arbitration (Renewed) in Accordance With "Continued Performance" Term of Guaranty Agreement filed by Axia NetMedia Corporation. (Voke, Brian) |
| Filing 144 MOTION to Compel Arbitration (Renewed) in Accordance With "Continued Performance" Term of Guaranty Agreement by Massachusetts Technology Park Corporation.(Kaler, Robert) |
| Filing 143 SUMMONS Returned Executed Axia NetMedia Corporation served on 3/24/2017, answer due 4/14/2017. (Voke, Brian) |
| Filing 142 MOTION for Leave to File Supplement to Defendant MTC's Partial Joint Statement Under L.R. 16.1 by Massachusetts Technology Park Corporation. (Attachments: #1 Exhibit A (Defendant MTC's Supplement to L.R. 16.1 Statement))(Kaler, Robert) |
| Filing 141 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 140 Transcript of Scheduling Conference held on June 19, 2017, before Judge Timothy S. Hillman. COA Case No. 17-1607. 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 7/12/2017. Redacted Transcript Deadline set for 7/24/2017. Release of Transcript Restriction set for 9/19/2017. (Scalfani, Deborah) |
| Filing 139 CERTIFICATION pursuant to Local Rule 16.1 by Defendant Massachusetts Technology Park Corporation. (Kaler, Robert) |
| Filing 138 Electronic Clerk's Notes for proceedings held before District Judge Timothy S. Hillman: Scheduling Conference held on 6/19/2017, Case called, Counsel appear for scheduling conference, Each party advises the Court on what procedural path they believe the case should take, Parties and Court discus issues re discovery, mediation, expedited trial and renewed motion to compel arbitration, Court takes issues under advisement. (Court Reporter: Marianne Kusa-Ryll at justicehill@aol.com.)(Attorneys present: Voke/Kalerl/Lizotte) (Castles, Martin) |
| Filing 137 Interim JOINT STATEMENT re scheduling conference submitted by MassTech. (Kaler, Robert) |
| Filing 136 USCA Case Number 17-1607 for #134 Notice of Appeal filed by Axia NetMedia Corporation. (Paine, Matthew) |
| Filing 135 Certified and Transmitted Abbreviated Electronic Record on Appeal to US Court of Appeals re #134 Notice of Appeal. (Paine, Matthew) |
| Filing 134 NOTICE OF APPEAL #122 MEMORANDUM AND ORDER, 132 Electronic Order by Axia NetMedia Corporation Filing fee: $ 505, receipt number 0101-6671130 Fee Status: Not Exempt. NOTICE TO COUNSEL: A Transcript Report/Order Form, which can be downloaded from the First Circuit Court of Appeals web site at #http://www.ca1.uscourts.gov MUST be completed and submitted to the Court of Appeals. Counsel shall register for a First Circuit CM/ECF Appellate Filer Account at #http://pacer.psc.uscourts.gov/cmecf. Counsel shall also review the First Circuit requirements for electronic filing by visiting the CM/ECF Information section at #http://www.ca1.uscourts.gov/cmecf. US District Court Clerk to deliver official record to Court of Appeals by 7/5/2017. (Voke, Brian) (Modified on 6/14/2017 to Correct Docket Text and CM/ECF Document Link) (Paine, Matthew). |
| Filing 133 NOTICE of Appearance by Adam A. Larson on behalf of Axia NetMedia Corporation (Larson, Adam) |
| Filing 132 District Judge Timothy S. Hillman: ELECTRONIC ORDER entered denying #126 Motion for Modification of preliminary injunction and granting in part and denying in part #127 Motion for Contempt and sanctions. Axia NetMedia is Ordered to turn over the requested passwords to MTC by COB on June 9, 2017. Defendant's motion is denied as to all other requested relief. The hearing scheduled for June 9, 2017 is canceled. (Castles, Martin) |
| Filing 131 ELECTRONIC NOTICE Setting Hearing on Motion #127 MOTION for Contempt and Sanctions for Willful Violation of Preliminary Injunction Order, and #126 MOTION to Modify Preliminary Injunction Issued on May 18, 2017 : Motion Hearing set for 6/9/2017 at 9:00 AM in Courtroom 2 - Worcester before District Judge Timothy S. Hillman. (Castles, Martin) |
| Filing 130 AFFIDAVIT in Opposition re #126 MOTION to Modify Preliminary Injunction Issued on May 18, 2017 filed by Massachusetts Technology Park Corporation. (Kaler, Robert) |
| Filing 129 MEMORANDUM in Opposition re #126 MOTION to Modify Preliminary Injunction Issued on May 18, 2017 filed by Massachusetts Technology Park Corporation. (Kaler, Robert) |
| Filing 128 MEMORANDUM in Support re #127 MOTION for Contempt and Sanctions for Willful Violation of Preliminary Injunction Order filed by Massachusetts Technology Park Corporation. (Attachments: #1 Exhibit A)(Kaler, Robert) |
| Filing 127 MOTION for Contempt and Sanctions for Willful Violation of Preliminary Injunction Order by Massachusetts Technology Park Corporation. (Attachments: #1 Exhibit A)(Kaler, Robert) |
| Filing 126 MOTION to Modify Preliminary Injunction Issued on May 18, 2017 by Axia NetMedia Corporation. (Attachments: #1 Affidavit)(Voke, Brian) |
| Filing 125 REPLY to Response to #11 MOTION for Temporary Restraining Order and Preliminary Injunction MOTION for Preliminary Injunction -- MassTech Reply to Limited Opposition by KCST (ECF # 107) to Revised Proposed Order filed by Massachusetts Technology Park Corporation. (Kaler, Robert) |
| Filing 124 NOTICE of Scheduling Conference. Scheduling Conference set for 6/19/2017 at 2:15 PM in Courtroom 2 - Worcester before District Judge Timothy S. Hillman. (Castles, Martin) |
| Filing 123 Surety BOND in the amount of $ 4,000,000.00 posted by Massachusetts Technology Park Corporation. (Jones, Sherry) |
| Filing 122 District Judge Timothy S. Hillman: MEMORANDUM AND ORDER entered denying #10 Motion to Compel and granting #11 Motion for Preliminary Injunction. (Castles, Martin) |
| Filing 121 District Judge Timothy S. Hillman: ELECTRONIC ORDER entered granting #119 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. (Castles, Martin) |
| Filing 120 REPLY to Response to #11 MOTION for Temporary Restraining Order and Preliminary Injunction MOTION for Preliminary Injunction (Leave to File Granted in ECF 110) filed by Massachusetts Technology Park Corporation. (Kaler, Robert) |
| Filing 119 MOTION for Leave to File Defendant MTC's Reply to Limited Opposition of KCST (ECF # 107) to Revised Proposed Order on Defendant's Motion for Preliminary Injunction by Massachusetts Technology Park Corporation. (Attachments: #1 Exhibit A (Defendant MTC's Reply to the Limited Opposition by KCST to Revised Proposed Order on Defendant's Motion for Preliminary Injunction))(Kaler, Robert) |
| Filing 118 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 117 Transcript of Motion Hearing - Day Six held on April 25, 2017, before Judge Timothy S. Hillman. 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 6/6/2017. Redacted Transcript Deadline set for 6/16/2017. Release of Transcript Restriction set for 8/14/2017. (Scalfani, Deborah) |
| Filing 116 Objection to #98 Proposed Document(s) submitted by Axia NetMedia Corporation . (Voke, Brian) |
| Filing 115 Opposition re #11 MOTION for Temporary Restraining Order and Preliminary Injunction MOTION for Preliminary Injunction filed by Axia NetMedia Corporation. (Attachments: #1 Exhibit Supplemental Affidavit of Art Price)(Voke, Brian) |
| Filing 114 Axia NetMedia Corp's Response to MTC's Proposed Order Handed to the Court at the TRO Hearing on March 31, 2017 Response by Axia NetMedia Corporation to #34 Proposed Document(s) submitted Proposed Order on Defendant's Motion for TRO. (Attachments: #1 Exhibit Affidavit of Terrence Fergus)(Voke, Brian) |
| Filing 113 District Judge Timothy S. Hillman: ELECTRONIC ORDER entered finding as moot #106 Motion for Leave to File Document and granting #111 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. (Castles, Martin) |
| Filing 112 REPLY to Response to #90 MOTION to Expedite Case Management Order and Trial Date and/or Summary Judgment filed by Axia NetMedia Corporation. (Voke, Brian) |
| Filing 111 MOTION for Leave to File Corrected Objection to MTC's Revised Proposed Order of May 3, 2017 by Axia NetMedia Corporation. (Attachments: #1 Corrected-AxiaNetMedia Corp's Objection to MTC's Revised Proposed Order of May 3, 2017)(Voke, Brian) |
| Filing 110 District Judge Timothy S. Hillman: ELECTRONIC ORDER entered granting #108 Motion for Leave to File and granting #109 Motion for Leave to File. Counsel using the Electronic Case Filing System should now file the documents for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. (Castles, Martin) |
| Filing 109 MOTION for Leave to File Supplemental Memorandum in Support of Motion for Preliminary Injunction by Massachusetts Technology Park Corporation. (Attachments: #1 Exhibit A (Defendant MTC's Supplemental Memorandum in Support of Motion for Preliminary Injunction and in Reply to Plaintiff Axia NetMedia's "Objection" to MTC's Revised Proposed Order of May 3, 2017))(Kaler, Robert) |
| Filing 108 MOTION for Leave to File Motion for Leave by Axia NetMedia Corporation to File Reply to Defendant Masstech's Opposition to Plaintiff Axia Netmedia Corporation's Motion for an Expedited Case Management Order and/or Trial Date by Axia NetMedia Corporation. (Attachments: #1 Exhibit A- Reply to MassTech Opp)(Voke, Brian) |
| Filing 107 Objection to #98 Proposed Document(s) submitted by KCST USA, Inc. . (Lizotte, Andrew) |
| Filing 106 MOTION for Leave to File Axia NetMedia Corp.'s Objection to MTC's Revised Proposed Order of May 3, 2017 by Axia NetMedia Corporation. (Attachments: #1 Axia NetMedia Corp's Objection to MTC's Revised Proposed Order of May 3, 2017)(Voke, Brian) |
| Filing 105 MEMORANDUM in Opposition re #90 MOTION to Expedite Case Management Order and Trial Date and/or Summary Judgment filed by Massachusetts Technology Park Corporation. (Kaler, Robert) |
| Filing 104 Surety BOND in the amount of $ 1,000,000.00 posted by Massachusetts Technology Park Corporation. (Burgos, Sandra) |
| Filing 103 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 102 Transcript of Motion Hearing - Day Seven held on May 3, 2017, before Judge Timothy S. Hillman. 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 5/30/2017. Redacted Transcript Deadline set for 6/6/2017. Release of Transcript Restriction set for 8/4/2017. (Scalfani, Deborah) |
| Filing 101 District Judge Timothy S. Hillman: ORDER entered. ORDER EXTENDING TEMPORARY RESTRAINING ORDER to May 18, 2017, and Requiring Bond. A Hearing on MTC's Motion for a Preliminary Injunction (Docket No. 11) was held on 4/11/17, 4/12/17, and 4/13/17. A break in the Motion Hearing was taken from 4/14-4/24 to accommodate plaintiff's counsel, and the hearing resumed on 4/25/17. This Court issued its Memorandum and Order granting a TRO on 4/24/2017 (Docket No. 76), and ordered MTC to produce a financial statement by 5/1/17. On 5/3/17, the Court held a further hearing on the Preliminary Injunction and heard additional arguments on Plaintiff's request that MTC post a bond (Docket Nos. 27, 45 and 94). Fed. R. Civ. P. 65 provides "[t]he court may issue a preliminary injunction or a temporary restraining order only if the movant gives security in an amount that the court considers proper to pay the costs and damages sustained by any party found to have been wrongfully enjoined or restrained." While a TRO generally expires 14-days after the date of issuance, Rule 65 permits the Court to extend the TRO "for good causefor a like period." This Court hereby extends the TRO to May 18, 2017 at 11:59pm, to provide the Court with the time needed to consider the parties' lengthy and substantial arguments on the Motion for Preliminary Injunction. This extension of the TRO is conditioned on MTC posting a $1 Million bond for the duration of the TRO. Having heard and considered the parties' arguments on the bond requirement, this Court finds that, as the TRO enjoins Axia NetMedia to perform its obligations under the Guaranty Agreement, which caps Axia NetMedias liability at $4 Million, a bond of $1 Million is a reasonable security to sustain the TRO, which expires on May 18, 2017. The Court will consider revising the amount of the bond in its ruling on the pending Motion for Preliminary Injunction. MTC must post its bond by close of business on May 8, 2017.(Castles, Martin) |
| Filing 100 MEMORANDUM in Opposition re #94 MOTION for Leave to File A Memorandum Requesting The Court Order MTC To Post A Bond (Opposition to Request for $7M Bond - Leave to File Granted in ECF 96) filed by Massachusetts Technology Park Corporation. (Kaler, Robert) |
| Filing 99 REPLY to Response to #10 MOTION to Compel Arbitration in Accordance With "Continuing Performance" Term of Guaranty Agreement (Leave to File Granted in ECF 96) filed by Massachusetts Technology Park Corporation. (Kaler, Robert) |
| Filing 98 Proposed Document(s) submitted by Massachusetts Technology Park Corporation. Document received: Revised Proposed Order as to proposed paragraphs c and d submitted in Court. (Kaler, Robert) |
| Filing 97 MEMORANDUM OF LAW by Axia NetMedia Corporation. (Attachments: #1 Exhibit Supplemental Affidavit of Alan Hartslief)(Voke, Brian) |
| Filing 96 District Judge Timothy S. Hillman: ELECTRONIC ORDER entered granting #92 Motion for Leave to File Supplemental Opposition re Bond Issue, granting #93 Motion for Leave to File reply, and granting #94 Motion for Leave to File A Memorandum Requesting The Court Order MTC To Post A Bond; Counsel using the Electronic Case Filing System should now file the documents for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. (Castles, Martin) |
| Filing 95 Electronic Clerk's Notes for proceedings held before District Judge Timothy S. Hillman: Motion Hearing held on 5/3/2017 re issue of posting a bond re Temporary Restraining Order and Preliminary Injunction, Case called, Counsel appear for motion hearing, Court hears arguments of counsel, Court rules taking under advisement the posting of a Bond, (Court Reporter: Marianne Kusa-Ryll at justicehill@aol.com)(Attorneys present: Voke/Kaler,Hall/Murphy) (Castles, Martin) |
| Filing 94 MOTION for Leave to File A Memorandum Requesting The Court Order MTC To Post A Bond by Axia NetMedia Corporation. (Attachments: #1 Exhibit, #2 Affidavit)(Voke, Brian) |
| Filing 93 MOTION for Leave to File Defendant's Reply in Support of Motion to Compel Arbitration by Massachusetts Technology Park Corporation. (Attachments: #1 Exhibit A (Defendant's Reply in Support of Motion to Compel Arbitration))(Kaler, Robert) |
| Filing 92 MOTION for Leave to File Supplemental Opposition re Bond Issue by Massachusetts Technology Park Corporation. (Attachments: #1 Exhibit A (Defendants' Supplemental Opposition re Bond Issue))(Kaler, Robert) |
| Filing 91 MEMORANDUM in Support re #90 MOTION to Expedite Case Management Order and Trial Date and/or Summary Judgment filed by Axia NetMedia Corporation. (Voke, Brian) |
| Filing 90 MOTION to Expedite Case Management Order and Trial Date and/or Summary Judgment by Axia NetMedia Corporation.(Voke, Brian) |
| Filing 89 ELECTRONIC NOTICE Setting Hearing on bond re Motion #11 for Preliminary Injunction : Bond Motion Hearing set for 5/3/2017 at 11:00 AM in Courtroom 2 - Worcester before District Judge Timothy S. Hillman. (Castles, Martin) |
| Filing 88 Supplemental RESPONSE to Motion re #11 MOTION for Temporary Restraining Order and Preliminary Injunction MOTION for Preliminary Injunction filed by Axia NetMedia Corporation. (Attachments: #1 Affidavit, #2 Affidavit)(Voke, Brian) |
| Filing 87 Supplemental Opposition re #11 MOTION for Temporary Restraining Order and Preliminary Injunction MOTION for Preliminary Injunction , #10 MOTION to Compel Arbitration in Accordance With "Continuing Performance" Term of Guaranty Agreement filed by Axia NetMedia Corporation. (Voke, Brian) |
| Filing 85 District Judge Timothy S. Hillman: ELECTRONIC ORDER entered granting #84 Motion for Leave to File. 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. (Castles, Martin) |
| Filing 84 MOTION for Leave to File Supplemental Response in Opposition to Defendant's Motion to Compel Arbitration and Defendant's Motion for a TRO/Preliminary Injunction and Motion To Be Heard by Axia NetMedia Corporation. (Attachments: #1 Exhibit)(Voke, Brian) |
| Filing 83 DECLARATION re #76 Memorandum & ORDER Certification of Defendant's Financial Statements (statements filed under seal) by Massachusetts Technology Park Corporation. (Kaler, Robert) |
| Filing 82 AMENDED COMPLAINT for Declaratory Judgment against Massachusetts Technology Park Corporation, filed by Axia NetMedia Corporation.(Voke, Brian) |
| Filing 81 District Judge Timothy S. Hillman: ELECTRONIC ORDER entered granting #56 Motion for Judicial Notice; granting #58 Motion for Leave to File Document; granting #60 Motion for Leave to File Document; granting #73 Motion for Leave to File Document; granting #78 Motion for Leave to File Document; Counsel using the Electronic Case Filing System should now file the documents for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. (Castles, Martin) |
| Filing 80 Electronic Clerk's Notes for proceedings held before District Judge Timothy S. Hillman: Motion Hearing held on 4/25/2017 re #11 MOTION for Preliminary Injunction filed by Massachusetts Technology Park Corporation, Case called, Counsel appear for motion hearing, Court hears arguments of counsel, Court rules taking under advisement #11 Motion for Preliminary Injunction, (Court Reporter: Marianne Kusa-Ryll at justicehill@aol.com)(Attorneys present: Voke/Kaler,Hall/Murphy) (Castles, Martin) |
| Filing 79 Opposition re #10 MOTION to Compel Arbitration in Accordance With "Continuing Performance" Term of Guaranty Agreement filed by Axia NetMedia Corporation. (Voke, Brian) |
| Filing 78 MOTION for Leave to File Affidavits of Dean G.Tremaine and Alan Hartlief and Supplemental Response in Opposition to Defendant's Motion for TRO and/or Preliminary Injunction by Axia NetMedia Corporation. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit)(Voke, Brian) |
| Filing 77 Opposition re #52 MOTION for Temporary Restraining Order (Renewed) filed by Axia NetMedia Corporation. (Voke, Brian) |
| Filing 76 District Judge Timothy S. Hillman: AMENDED MEMORANDUM AND ORDER entered granting #11 Motion for TRO.(Castles, Martin) |
| Filing 75 District Judge Timothy S. Hillman: ELECTRONIC ORDER entered denying as moot #52 Motion for TRO. (Castles, Martin) |
| Filing 74 District Judge Timothy S. Hillman: MEMORANDUM AND ORDER entered granting #11 Motion for TRO. (Castles, Martin) |
| Filing 73 MOTION for Leave to File Supplemental Affidavit and Supplemental Memo of Law by Massachusetts Technology Park Corporation. (Attachments: #1 Exhibit A (April 24 Charbonneau Aff.), #2 Exhibit B (Suppl. Memo of Law))(Kaler, Robert) |
| Filing 72 NOTICE of Filing the Original Federal Communications Record by Axia NetMedia Corporation re #70 Notice (Other) (Jones, Sherry) |
| Filing 71 ELECTRONIC NOTICE Resetting time of Hearing on Motion #11 MOTION for Temporary Restraining Order and Preliminary Injunction: Motion Hearing time reset for 4/25/2017 at 1:30 PM in Courtroom 2 - Worcester before District Judge Timothy S. Hillman. (Castles, Martin) |
| Filing 70 NOTICE by Axia NetMedia Corporation FCC Certification of Record (original to be mailed to Court) (Voke, Brian) |
| Filing 69 Partial Opposition Response by Massachusetts Technology Park Corporation to #68 Request for Judicial Notice and Response by KCST (Doc. 68). (Kaler, Robert) |
| Filing 68 Request for Judicial Notice and Response by KCST USA, Inc.. (Lizotte, Andrew) |
| Filing 67 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 66 Transcript of Telephonic Motion Hearing held on April 18, 2017, before Judge Timothy S. Hillman. 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 5/10/2017. Redacted Transcript Deadline set for 5/22/2017. Release of Transcript Restriction set for 7/18/2017. (Scalfani, Deborah) |
| Filing 65 Electronic Clerk's Notes for proceedings held before District Judge Timothy S. Hillman: Telephone Conference held on 4/18/2017, Case called, Counsel appear by telephone for hearing on motion to TRO, Court hears arguments of counsel, Court rules taking under advisement #52 Motion for TRO. (Court Reporter: Marianne Kusa-Ryll at justicehill@aol.com)(Attorneys present: Voke,Wang/Kaler,Hall/Murphy) (Castles, Martin) |
| Filing 64 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 63 Transcript of Motion Hearing - Day Four held on April 13, 2017, before Judge Timothy S. Hillman. 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 5/9/2017. Redacted Transcript Deadline set for 5/19/2017. Release of Transcript Restriction set for 7/17/2017. (Scalfani, Deborah) |
| Filing 62 Transcript of Motion Hearing - Day Three held on April 12, 2017, before Judge Timothy S. Hillman. 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 5/9/2017. Redacted Transcript Deadline set for 5/19/2017. Release of Transcript Restriction set for 7/17/2017. (Scalfani, Deborah) |
| Filing 61 Transcript of Motion Hearing - Day Two held on April 11, 2017, before Judge Timothy S. Hillman. 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 5/9/2017. Redacted Transcript Deadline set for 5/19/2017. Release of Transcript Restriction set for 7/17/2017. (Scalfani, Deborah) |
| Filing 60 MOTION for Leave to File Reply Memorandum of Law in Response to KCST Filing of April 18, 2017 by Massachusetts Technology Park Corporation. (Attachments: #1 Exhibit A (Reply Memorandum in Response to KCST Filing of April 18, 2017 ))(Kaler, Robert) |
| Filing 59 RESPONSE to Motion re #52 MOTION for Temporary Restraining Order (Renewed) filed by KCST USA, Inc.. (Murphy, Harold) |
| Filing 58 MOTION for Leave to File Supplemental Affidavit in Support of Its Motion for TRO and/or Preliminary Injunction by Massachusetts Technology Park Corporation. (Attachments: #1 Exhibit A (Fourth Affidavit of David Charbonneau))(Kaler, Robert) |
| Filing 57 MEMORANDUM in Support re #52 MOTION for Temporary Restraining Order (Renewed) filed by Massachusetts Technology Park Corporation. (Hall, Edwin) |
| Filing 56 MOTION for Judicial Notice by Massachusetts Technology Park Corporation. (Attachments: #1 Affidavit in support of motion for judicial notice)(Hall, Edwin) |
| Filing 55 District Judge Timothy S. Hillman: ELECTRONIC ORDER entered denying as moot #42 Motion to Strike. (Castles, Martin) |
| Filing 54 ELECTRONIC NOTICE OF RESCHEDULING. Telephone Conference reset for 4/18/2017 at 2:00 PM in Courtroom 2 - Worcester before District Judge Timothy S. Hillman. The call in number is 888-675-2535 - access code 9932461.(Castles, Martin) |
| Filing 53 ELECTRONIC NOTICE of Hearing. Telephone Conference set for 4/14/2017 at 1:00 PM in Courtroom 2 - Worcester before District Judge Timothy S. Hillman. The call in number is 888-675-2535 - access code 9932461.(Castles, Martin) |
| Filing 52 MOTION for Temporary Restraining Order (Renewed) by Massachusetts Technology Park Corporation. (Attachments: #1 Affidavit Supplement Affidavit of Philip Holahan)(Hall, Edwin) |
| Filing 51 Electronic Clerk's Notes for proceedings held before District Judge Timothy S. Hillman: Motion Hearing held on 4/13/2017 re #11 MOTION for Temporary Restraining Order and Preliminary Injunction MOTION for Preliminary Injunction filed by Massachusetts Technology Park Corporation, Case called, Counsel appear for motion hearing day 3, Court hears arguments of counsel, Defendant calls Philip Holahan, Direct,cross,redirect, Exhibits 23-24 marked and entered, ( Motion Hearing continued to 4/25/2017 at 2:00 PM in Courtroom 2 - Worcester before District Judge Timothy S. Hillman). (Court Reporter: Marianne Kusa-Ryll at justicehill@aol.com)(Attorneys present: Voke/Kaler,Hall/Murphy) (Castles, Martin) |
| Filing 50 District Judge Timothy S. Hillman: ELECTRONIC ORDER entered denying #37 Motion to Strike ; granting #40 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.; granting #41 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.; granting #44 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.; granting #46 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.; granting #14 Motion ; granting #22 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.; granting #26 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.; granting #27 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. (Castles, Martin) |
| Filing 49 Electronic Clerk's Notes for proceedings held before District Judge Timothy S. Hillman: Motion Hearing held on 4/12/2017 re #11 MOTION for Temporary Restraining Order and Preliminary Injunction MOTION for Preliminary Injunction filed by Massachusetts Technology Park Corporation, Case called, Counsel appear for motion hearing day 2, Court hears arguments of counsel, Defendant calls David Charbonneau, Sworn,direct,cross,redirect, Exhibits 7-14 marked into evidence, Exhibits 15-22 marked for ID only, ( Motion Hearing continued to 4/13/2017 at 9:00 AM in Courtroom 2 - Worcester before District Judge Timothy S. Hillman). (Court Reporter: Marianne Kusa-Ryll at justicehill@aol.com)(Attorneys present: Voke/Kaler,Hall/Murphy) (Castles, Martin) Modified on 4/13/2017 (Castles, Martin). |
| Filing 48 Opposition re #40 MOTION for Leave to File Supplemental Affidavits in Support of Defendant's Motion for TRO and Preliminary Injunction filed by Axia NetMedia Corporation. (Voke, Brian) |
| Filing 47 Electronic Clerk's Notes for proceedings held before District Judge Timothy S. Hillman: Motion Hearing held on 4/11/2017 re #11 MOTION for Temporary Restraining Order and Preliminary Injunction MOTION for Preliminary Injunction filed by Massachusetts Technology Park Corporation; Case called, Counsel appear for motion hearing, Court hears arguments of counsel, Plaintiff calls Philip Holahan, Sworn,direct,cross,redirect, Exhibits 1-6 marked, Court rules granting #31 Motion to Intervene; taking under advisement #11 Motion for TRO; and taking under advisement #11 Motion for Preliminary Injunction; ( Motion Hearing continued to 4/12/2017 at 9:00AM in Courtroom 2 - Worcester before District Judge Timothy S. Hillman). (Court Reporter: Marianne Kusa-Ryll at justicehill@aol.com.)(Attorneys present: Voke/Kaler,Hall/Murphy) (Castles, Martin) Modified on 4/13/2017 (Castles, Martin). |
| Filing 46 MOTION for Leave to File Affidavit of Philip F. Holahan in Support of Its Motion for Preliminary Injunction by Massachusetts Technology Park Corporation. (Attachments: #1 Exhibit A (Affidavit of Philip F. Holahan))(Kaler, Robert) |
| Filing 45 Opposition re #11 MOTION for Temporary Restraining Order and Preliminary Injunction MOTION for Preliminary Injunction Opposition to Motion for Preliminary Injunction by Axia NetMedia Corporation filed by Axia NetMedia Corporation. (Attachments: #1 Affidavit Supplemental Affidavit of Art Price)(Voke, Brian) |
| Filing 44 MOTION for Leave to File Excess Pages Axia NetMedia Corporation's Motion for Leave to File Memorandum of Law in Excess of Twenty Pages by Axia NetMedia Corporation.(Voke, Brian) |
| Filing 43 MEMORANDUM in Support re #42 MOTION to Strike Portions of David Charbonneau's Affidavit filed by Axia NetMedia Corporation. (Attachments: #1 Mr. Charbonneau's Affidavit, #2 Art Price's Affidavit)(Voke, Brian) |
| Filing 42 MOTION to Strike Portions of David Charbonneau's Affidavit by Axia NetMedia Corporation.(Voke, Brian) |
| Filing 41 MOTION for Leave to File Supplemental Memorandum in Support of Motion for Preliminary Injunction by Massachusetts Technology Park Corporation. (Attachments: #1 Exhibit A (Suppl. Memo w/Exh. 1)(Kaler, Robert) |
| Filing 40 MOTION for Leave to File Supplemental Affidavits in Support of Defendant's Motion for TRO and Preliminary Injunction by Massachusetts Technology Park Corporation. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Kaler, Robert) |
| Filing 39 ELECTRONIC NOTICE Setting Hearing on Motion #11 MOTION for Preliminary Injunction : Motion Hearing set for 4/11/2017 at 9:00 AM in Courtroom 2 - Worcester before District Judge Timothy S. Hillman. (Castles, Martin) |
| Filing 38 District Judge Timothy S. Hillman: ELECTRONIC ORDER entered. The Court reserves ruling on the Defendant's Motion for a Temporary Restraining Order and orders a hearing on Defendant's Motion for a Preliminary Injunction to be held on Tuesday, April 11, 2017 at 9:00AM. (Castles, Martin) |
| Filing 37 MOTION to Strike #36 Opposition to Motion for TRO Filed by KCST by Massachusetts Technology Park Corporation.(Kaler, Robert) |
| Filing 36 Opposition re #11 MOTION for Temporary Restraining Order and Preliminary Injunction MOTION for Preliminary Injunction filed by KCST USA, Inc.. (Murphy, Harold) |
| Filing 35 Opposition re #31 MOTION to Intervene of KCST USA, Inc. filed by Massachusetts Technology Park Corporation. (Kaler, Robert) |
| Filing 34 Proposed Document(s) submitted by Massachusetts Technology Park Corporation. Document received: Proposed Order on Defendant's Motion for TRO. (Kaler, Robert) |
| Filing 33 District Judge Timothy S. Hillman: ELECTRONIC ORDER entered. Defendant is ordered to submit a proposed order on its motion for a temporary restraining order that complies with Fed. R. Civ. P. 65(d)(1).(Castles, Martin) |
| Filing 32 MEMORANDUM in Support re #31 MOTION to Intervene filed by KCST USA, Inc.. (Lizotte, Andrew) |
| Filing 31 MOTION to Intervene by KCST USA, Inc..(Lizotte, Andrew) |
| Filing 30 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 29 Transcript of Motion Hearing held on March 31, 2017, before Judge Timothy S. Hillman. 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 4/25/2017. Redacted Transcript Deadline set for 5/5/2017. Release of Transcript Restriction set for 7/3/2017. (Scalfani, Deborah) |
| Filing 28 MEMORANDUM in Opposition re #27 MOTION for Leave to File Additional Memorandum and Affidavit of Terrence Fergus in Response to the Proposed Court Order Handed Up By Massachusetts Technology Collaborative at the Conclusion of the March 31, 2017 Hearing filed by Massachusetts Technology Park Corporation. (Attachments: #1 Exhibit A)(Kaler, Robert) |
| Filing 27 MOTION for Leave to File Additional Memorandum and Affidavit of Terrence Fergus in Response to the Proposed Court Order Handed Up By Massachusetts Technology Collaborative at the Conclusion of the March 31, 2017 Hearing by Axia NetMedia Corporation. (Attachments: #1 Axia's Response to MTC's Proposed Order, #2 Exhibit Affidavit of Terrence Fergus)(Voke, Brian) |
| Filing 26 MOTION for Leave to File 5-Page Reply, 2-Page Aff., and 2 FCC Filings by Massachusetts Technology Park Corporation. (Attachments: #1 Exhibit A (Reply Memorandum), #2 Exhibit B (Aff. of Sean Hughes), #3 Exhibit C (Petition before FCC), #4 Exhibit D (Reply before FCC))(Kaler, Robert) |
| Filing 25 Electronic Clerk's Notes for proceedings held before District Judge Timothy S. Hillman: Motion Hearing held on 3/31/2017 re #11 MOTION for Temporary Restraining Order and Preliminary Injunction MOTION for Preliminary Injunction filed by Massachusetts Technology Park Corporation. Court hears argument of counsel. Court takes motion under advisement. (Court Reporter: Marianne Kusa-Ryll at justicehill@aol.com.)(Attorneys present: Voke, Loring, Murphy, Kaler, Hall, Holahan). (Alba, Robert) |
| Filing 24 RESPONSE to Motion re #14 MOTION for Judicia Notice re #11 MOTION for Temporary Restraining Order and Preliminary Injunction MOTION for Preliminary Injunction , #10 MOTION to Compel Arbitration in Accordance With "Continuing Performance" Term of Gu filed by KCST USA, Inc.. (Attachments: #1 Certificate of Service)(Murphy, Harold) |
| Filing 23 Opposition re #11 MOTION for Temporary Restraining Order and Preliminary Injunction MOTION for Preliminary Injunction filed by Axia NetMedia Corporation. (Attachments: #1 Exhibit Affidavit of Art Price, #2 Exhibit Exhibit A to Affidavit of Art Price, #3 Exhibit Exhibit B to Affidavit of Art Price, #4 Exhibit Exhibit C to Affidavit of Art Price, #5 Exhibit Exhibit D to Affidavit of Art Price, #6 Exhibit Exhibit E to Affidavit of Art Price, #7 Exhibit Exhibit F to Affidavit of Art Price, #8 Exhibit Exhibit G to Affidavit of Art Price, #9 Exhibit Exhibit H to Affidavit of Art Price, #10 Exhibit Affidavit of George M. Foote, #11 Exhibit Affidavit of Stephen Darr)(Voke, Brian) |
| Filing 22 MOTION for Leave to File Supplemental Affidavit in Support of Motion for TRO and Preliminary Injunction by Massachusetts Technology Park Corporation. (Attachments: #1 Exhibit A (Second Affidavit of David Charbonneau))(Kaler, Robert) |
| Filing 21 ELECTRONIC NOTICE Resetting time of Hearing on Motion #11 MOTION for Temporary Restraining Order: Motion Hearing time reset for 3/31/2017 at 12:00 PM in Courtroom 2 - Worcester before District Judge Timothy S. Hillman. (Castles, Martin) |
| Filing 20 MEMORANDUM in Support re #11 MOTION for Temporary Restraining Order and Preliminary Injunction MOTION for Preliminary Injunction , #10 MOTION to Compel Arbitration in Accordance With "Continuing Performance" Term of Guaranty Agreement filed by Massachusetts Technology Park Corporation. (Kaler, Robert) |
| Filing 19 ELECTRONIC NOTICE Resetting Hearing on Motion #11 MOTION for Temporary Restraining Order: Motion Hearing reset for 3/31/2017 at 2:00 PM in Courtroom 2 - Worcester before District Judge Timothy S. Hillman. (Castles, Martin) |
| Filing 18 ELECTRONIC NOTICE Setting Hearing on Motion #11 MOTION for Temporary Restraining Order: Motion Hearing set for 3/30/2017 at 10:00 AM in Courtroom 2 - Worcester before District Judge Timothy S. Hillman. (Castles, Martin) |
| Filing 17 NOTICE of Appearance by Edwin L. Hall on behalf of Massachusetts Technology Park Corporation (Hall, Edwin) |
| Filing 16 AFFIDAVIT of Eileen Pellerin in Support re #14 MOTION re #11 MOTION for Temporary Restraining Order and Preliminary Injunction MOTION for Preliminary Injunction , #10 MOTION to Compel Arbitration in Accordance With "Continuing Performance" Term of Guaranty Ag . (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, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26)(Kaler, Robert) Modified on 3/29/2017 (Jones, Sherry). |
| Filing 15 MEMORANDUM in Support re #14 MOTION re #11 MOTION for Temporary Restraining Order and Preliminary Injunction MOTION for Preliminary Injunction , #10 MOTION to Compel Arbitration in Accordance With "Continuing Performance" Term of Guaranty Ag Motion for Judicial Notice filed by Massachusetts Technology Park Corporation. (Kaler, Robert) |
| Filing 14 MOTION for Judicial Notice re #11 MOTION for Temporary Restraining Order and Preliminary Injunction MOTION for Preliminary Injunction , #10 MOTION to Compel Arbitration in Accordance With "Continuing Performance" Term of Guaranty Agreement Motion for Judicial Notice by Massachusetts Technology Park Corporation.(Kaler, Robert) Modified on 3/31/2017 (Burgos, Sandra). |
| Filing 13 AFFIDAVIT in Support re #11 MOTION for Temporary Restraining Order and Preliminary Injunction MOTION for Preliminary Injunction of Brian Lippold. (Kaler, Robert) |
| Filing 12 AFFIDAVIT in Support re #11 MOTION for Temporary Restraining Order and Preliminary Injunction MOTION for Preliminary Injunction of David Charbonneau. (Kaler, Robert) |
| Filing 11 MOTION for Temporary Restraining Order and Preliminary Injunction, MOTION for Preliminary Injunction ( Responses due by 4/12/2017) by Massachusetts Technology Park Corporation.(Kaler, Robert) |
| Filing 10 MOTION to Compel Arbitration in Accordance With "Continuing Performance" Term of Guaranty Agreement by Massachusetts Technology Park Corporation.(Kaler, Robert) |
| Filing 9 NOTICE of Appearance by Robert J. Kaler on behalf of Massachusetts Technology Park Corporation (Kaler, Robert) |
| Filing 8 Summons Issued as to Massachusetts Technology Park Corporation. 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. (Burgos, Sandra) |
| Filing 7 ELECTRONIC NOTICE of Case Assignment. District Judge Timothy S. Hillman 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 David H. Hennessy. (Alba, Robert) |
| Filing 6 Case transferred in from Eastern Division (Boston) on 3/22/2017 Case Number 1:17-cv-10482. (Alba, Robert) |
| Filing 5 Case transferred to Central Division (Worcester) (Coppola, Katelyn) |
| Filing 4 CORPORATE DISCLOSURE STATEMENT by Axia NetMedia Corporation identifying Corporate Parent Digital Connection Corporation for Axia NetMedia Corporation.. (Voke, Brian) |
| Filing 3 Civil Cover Sheet & Category Sheet re #2 Civil Cover Sheet & Category Sheet, #1 Complaint,, for Declaratory Judgment by Axia NetMedia Corporation. (Voke, Brian) |
| Filing 2 Civil Cover Sheet & Category Sheet re #1 Complaint,, for Declaratory Judgment by Axia NetMedia Corporation. (Voke, Brian) |
| Filing 1 COMPLAINT for Declaratory Judgment against Massachusetts Technology Park Corporation d/b/a Massachusetts Technology Collaborative Filing fee: $ 400, receipt number 0101-6547024 (Fee Status: Filing Fee paid), filed by Axia NetMedia Corporation. (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)(Voke, Brian) |
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