Werner et al v. Hewlett-Packard Company
| Jon Werner and Michael Patton |
| Hewlett-Packard Company |
| 2:2013cv10287 |
| January 23, 2013 |
| US District Court for the Eastern District of Michigan |
| Oakland |
| David R. Grand |
| Victoria A Roberts |
| Contract: Other |
| 28 U.S.C. § 1332 |
| Both |
Docket Report
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| Filing 33 JUDGMENT in favor of defendant. Signed by District Judge Victoria A. Roberts. (DPer) |
Filing 32
ORDER adopting #26 Report and Recommendation and granting #19 Motion for Summary Judgment. Signed by District Judge Victoria A. Roberts. (DPer)
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| Filing 31 REPLY to #29 Response (Free),,, Reply to Response to Objections to Report and Recommendation by Michael Patton, Jon Werner. (Attachments: #1 Index of Exhibits, #2 Exhibit A - Sales Compensation Policy, #3 Exhibit B - Sales Letter Example, #4 Exhibit C - Defendant's Discovery Response, #5 Exhibit D - MIPR Policy) (Albus, Kevin) |
| Filing 30 TRANSCRIPT of Motion Hearing held on 11/18/2014. (Court Reporter/Transcriber: Marie Metcalf) (Number of Pages: 54) The parties have 21 days to file with the court and Court Reporter/Transcriber a Redaction Request of this transcript. If no request is filed, the transcript may be made remotely electronically available to the public without redaction after 90 days. Redaction Request due 2/27/2015. Redacted Transcript Deadline set for 3/9/2015. Release of Transcript Restriction set for 5/7/2015. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date, the transcript is publicly available. (Metcalf, M) |
| Filing 29 RESPONSE to #28 Objection to Report and Recommendation,,, by Hewlett-Packard Company. (Attachments: #1 Index of Exhibits, #2 Exhibit 1 - Excerpts from Plaintiff Werner's Deposition, #3 Exhibit 2 - Excerpts from Plaintiff Patton's Deposition, #4 Exhibit 3 - Excerpts from Hans-Peter Klaey's Deposition, #5 Exhibit 4 - Declaration of Hans-Peter Klaey, #6 Exhibit 5 - Excerpts from George Kadifa's Deposition, #7 Exhibit 6 - Excerpts from Stephen Driggers's Deposition, #8 Exhibit 7 - Declaration of Crendal Kear, #9 Exhibit 8 - Declaration of Todd Rotger, #10 Exhibit 9 - Declaration of Todd Taylor, #11 Exhibit 10 - Declaration of Karen Rogers, #12 Exhibit 11 - Unpublished Opinions, #13 Exhibit 12 - Excerpts from Restatement (Second) of Contracts, #14 Exhibit 13 - Excerpts from Williston on Contracts) (Wymer, Martin) |
| Filing 28 OBJECTION to #26 Report and Recommendation Amended Objection by Michael Patton, Jon Werner. (Attachments: #1 Index of Exhibits, #2 Exhibit A - Magistrate Judge's Report and Recommendation to Grant Defendant's Motion for Summary Judgment, #3 Exhibit B - Werner Sales Letter - December 2011, #4 Exhibit C - Werner Sales Letter - June 2012, #5 Exhibit D - Patton Sales Letter - December 2011, #6 Exhibit E - Patton Sales Letter - June 2012, #7 Exhibit F - HP Global Sales Compensation Policy, #8 Exhibit G - Management Incentive Performance Review Policy, #9 Exhibit H - November 2, 2012 Email, #10 Exhibit I - November 26, 2012 Email, #11 Exhibit J - Declaration of Crendal Kear, #12 Exhibit K - Transcript Order Form, #13 Exhibit L - Defendant's Response to Third Set of Interrogatories) (Albus, Kevin) |
| Filing 27 OBJECTION to #26 Report and Recommendation by Michael Patton, Jon Werner. (Attachments: #1 Index of Exhibits, #2 Exhibit A - Magistrate Judge's Report and Recommendation to Grant Defendant's Motion for Summary Judgment, #3 Exhibit B - Werner Sales Letter - December 2011, #4 Exhibit C - Werner Sales Letter - June 2012, #5 Exhibit D - Patton Sales Letter - December 2011, #6 Exhibit E - Patton Sales Letter - June 2012, #7 Exhibit F - HP Global Sales Compensation Policy, #8 Exhibit G - Management Incentive Performance Review Policy, #9 Exhibit H - November 2, 2012 Email, #10 Exhibit I - November 26, 2012 Email, #11 Exhibit J - Declaration of Crendal Kear, #12 Exhibit K - Transcript Order Form, #13 Exhibit L - Defendant's Response to Third Set of Interrogatories) (Albus, Kevin) |
| Filing 26 REPORT AND RECOMMENDATION re #19 MOTION for Summary Judgment filed by Hewlett-Packard Company Signed by Magistrate Judge David R. Grand. (EBut) |
| Filing 25 NOTICE by Hewlett-Packard Company of Recent Authority (Attachments: #1 Exhibit Memorandum and Order - Barton v. Hewlett-Packard Company) (Wymer, Martin) |
| Minute Entry for proceedings before Magistrate Judge David R. Grand: Motion Hearing held on 11/18/2014 re #19 MOTION for Summary Judgment filed by Hewlett-Packard Company. Disposition: taken under advisement (Tape #DRG 11/18/14) (EBut) |
| Filing 24 RENOTICE OF HEARING on #19 MOTION for Summary Judgment . Motion Hearing set for 11/18/2014 02:00 PM before Magistrate Judge David R. Grand (EBut) |
| Filing 23 NOTICE OF HEARING on #19 MOTION for Summary Judgment . Motion Hearing set for 10/21/2014 10:00 AM before Magistrate Judge David R. Grand (EBut) |
| Filing 22 REPLY to Response re #19 MOTION for Summary Judgment filed by Hewlett-Packard Company. (Wymer, Martin) |
| Filing 21 RESPONSE to #19 MOTION for Summary Judgment filed by Michael Patton, Jon Werner. (Attachments: #1 Index of Exhibits, #2 Exhibit A - Sales Compensation Policy, #3 Exhibit B - Patton 2011 Sales Letter, #4 Exhibit C - Werner 2011 Sales Letter, #5 Exhibit D - Patton 2012 Sales Letter, #6 Exhibit E - Werner 2012 Sales Letter, #7 Exhibit F - Werner Deposition Excerpts, #8 Exhibit G - Patton Deposition Excerpts, #9 Exhibit H - Werner Pipeline Report, #10 Exhibit I - Driggers Deposition Excerpts, #11 Exhibit J - Rob Hughes Email, #12 Exhibit K - ELA Compensation Announcement, #13 Exhibit L - MIPR Policy, #14 Exhibit M - Defendant's Discovery Response, #15 Exhibit N - Klaey Deposition Excerpts, #16 Exhibit O - Crendal Kear Email, #17 Exhibit P - Stephen Driggers Email, #18 Exhibit Q - Restatement Sec. 188, #19 Exhibit R - Restatement Sec. 196) (Albus, Kevin) |
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Filing 20
STIPULATED ORDER EXTENDING TIME. Signed by Magistrate Judge David R. Grand. (EBut)
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| Filing 19 MOTION for Summary Judgment by Hewlett-Packard Company. (Attachments: #1 Index of Exhibits, #2 Exhibit 1 - Jon Werner Deposition Excerpts, #3 Exhibit 2 - Michael Patton Deposition Excerpts, #4 Exhibit 3 - Hans-Peter Klaey Deposition Excerpts, #5 Exhibit 4 - Declaration of Hans-Peter Klaey, #6 Exhibit 5 - George Kadifa Deposition Excerpts, #7 Exhibit 6 - Stephen Driggers Deposition Excerpts, #8 Exhibit 7 - Declaration of Crendal Kear, #9 Exhibit 8 - Declaration of Todd Rotger, #10 Exhibit 9 - Declaration of Todd Taylor, #11 Exhibit 10 - Declaration of Karen Rogers) (Wymer, Martin) |
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Filing 18
ORDER granting #17 Motion to Adjourn. NO FURTHER EXTENSIONS WILL BE GRANTED. Signed by Magistrate Judge David R. Grand. (EBut)
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| Filing 17 Joint MOTION to Adjourn Scheduling Order Dates by Michael Patton, Jon Werner. (Attachments: #1 Index of Exhibits, #2 Exhibit A - Proposed Order for Third Adjournment, #3 Exhibit B - Original Scheduling Order, #4 Exhibit C - Order for First Adjournment, #5 Exhibit D - Order for Second Adjournment) (Albus, Kevin) |
| Filing 16 NOTICE by Michael Patton, Jon Werner of withdrawal of #15 MOTION to Compel Discovery . (Albus, Kevin) |
| Filing 15 MOTION to Compel Discovery by Michael Patton, Jon Werner. (Attachments: #1 Index of Exhibits, #2 Exhibit A - Werner Sales Letter, #3 Exhibit B - Patton Sales Letter, #4 Exhibit C - Defendant's Response to Second Interrogatories, #5 Exhibit D - Defendant's Response to Second Document Requests, #6 Exhibit E - Protective Order) (Albus, Kevin) |
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Filing 14
STIPULATED ORDER for Second Adjournment of Dates in Scheduling Order: ( Discovery due by 5/23/2014, Discovery Motion cutoff set for 5/23/2014, Dispositive Motion Cut-off set for 6/16/2014) - Signed by Magistrate Judge David R. Grand. (FMos)
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Filing 13
STIPULATED ORDER for First Adjournment of Dates in Scheduling Order: ( Discovery Motion Cut-off set for 2/28/2014, Discovery Cut-off is due by 2/28/2014, Dispositive Motion Cut-off set for 3/31/2014) - Signed by Magistrate Judge David R. Grand. (FMos)
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Filing 12
SCHEDULING ORDER: Discovery Motion Cutoff due by 9/27/2013, Discovery due by 11/7/2013, Dispositive Motion Cut-off set for 12/9/2013 - Signed by Magistrate Judge David R. Grand. (Refer to image for additional dates) (FMos)
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| Minute Entry - Telephonic Scheduling Conference held on 5/22/2013 before Magistrate Judge David R. Grand. Disposition: Scheduling Order to follow. (FMos) |
| Filing 11 NOTICE TO APPEAR BY TELEPHONE: Telephonic Scheduling Conference set for 5/22/2013 at 10:00 AM before Magistrate Judge David R. Grand in ANN ARBOR, MI (FMos) |
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Filing 10
ORDER Referring Pretrial Matters to Magistrate Judge David R. Grand. Signed by District Judge Victoria A. Roberts. (LVer)
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| TEXT-ONLY NOTICE: Scheduling Conference on 5/7/13 is Cancelled. (LVer) |
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Filing 9
STIPULATION FOR CLAWBACK AGREEMENT AND PROTECTIVE ORDER Signed by District Judge Victoria A. Roberts. (CPin)
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| Filing 8 DISCOVERY plan jointly filed pursuant to Federal Rules of Civil Procedure 26(f) (Wymer, Martin) |
| Filing 7 NOTICE TO APPEAR : Scheduling Conference set for 5/7/2013 03:30 PM before District Judge Victoria A. RobertsSee notice for additional deadlines (CPin) |
| Filing 6 STATEMENT of DISCLOSURE of CORPORATE AFFILIATIONS and FINANCIAL INTEREST by Hewlett-Packard Company (Wymer, Martin) |
| Filing 5 ANSWER to Complaint with Affirmative Defenses with Jury Demand by Hewlett-Packard Company. (Attachments: #1 Index of Exhibits, #2 Exhibit 1 - Plaintiff Jon Werner's First Sales Letter, #3 Exhibit 2 - Plaintiff Jon Werner's Second Sales Letter, #4 Exhibit 3 - Plaintiff Michael Patton's First Sales Letter, #5 Exhibit 4 - Plaintiff Michael Patton's Second Sales Letter) (Wymer, Martin) |
| Filing 4 WAIVER OF SERVICE Returned Executed. Hewlett-Packard Company waiver sent on 1/23/2013, answer due 3/25/2013. (Albus, Kevin) |
| Filing 3 NOTICE of Appearance by Kevin P. Albus on behalf of Michael Patton, Jon Werner. (Albus, Kevin) |
| Filing 2 SUMMONS Issued for *Hewlett-Packard Company* (KKra) |
| Filing 1 COMPLAINT filed by All Plaintiffs against Hewlett-Packard Company with Jury Demand. Plaintiff requests summons issued. Receipt No: 0645-3908742 - Fee: $ 350. County of 1st Plaintiff: Oakland County, MI - County Where Action Arose: Oakland County, MI - County of 1st Defendant: Out of State. [Previously dismissed case: No] [Possible companion case(s): None] (Gillary, Randall) |
| A United States Magistrate Judge of this Court is available to conduct all proceedings in this civil action in accordance with 28 U.S.C. 636c and FRCP 73. The Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form is available for download at #http://www.mied.uscourts.gov (KKra) |
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