CoStar Group, Inc. et al v. Xceligent, Inc.
Plaintiff: CoStar Group, Inc, CoStar Group, Inc., CoStar Realty Information, Inc. and LoopNet, Inc.
Defendant: Xceligent, Inc.
Not Classified By Court: DMGT US Employee Services Inc.
Special Master: Daniel Blegen
Case Number: 4:2016cv01288
Filed: December 12, 2016
Court: US District Court for the Western District of Missouri
Office: Kansas City Office
County: Jackson
Presiding Judge: Fernando J Gaitan
Referring Judge: Sarah W Hays
Nature of Suit: Copyright
Cause of Action: 17 U.S.C. § 101 Copyright Infringement
Jury Demanded By: Both
Docket Report

This docket was last retrieved on December 3, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 3, 2019 Filing 205 CLERK'S JUDGMENT in favor of CoStar and against Xceligent, Inc., in the amount of $500,000,000.00. (Anderson, Christy)
December 3, 2019 Opinion or Order Filing 204 ORDER OF FINAL JUDGMENT and PERMANENT INJUNCTION. Signed on 12/3/19 by District Judge Fernando J. Gaitan, Jr. (Anderson, Christy)
December 3, 2019 NOTICE OF DOCKET MODIFICATION. A modification has been made to the document filed on 12/2/19 as Document No. 203, STIPULATION (Joint) for Lifting of the Stay and Entry of Proposed Judgment. The proposed Judgment/Order attached to the motion has been deleted. Per Administrative Procedures any proposed Judgments/Orders are to be emailed to the Courtroom Deputy in Word format. This is a text entry only - no document is attached. (Ellis, Lindsey)
December 2, 2019 Filing 203 STIPULATION (Joint) for Lifting of the Stay and Entry of Proposed Judgment by CoStar Group, Inc., CoStar Realty Information, Inc., LoopNet, Inc.. (Attachments: # 1 Exhibit 1)(Fessler, Elizabeth)
December 2, 2019 Filing 202 STIPULATION JOINT FACTUAL STIPULATION BY PLAINTIFFS, COSTAR GROUP, INC. AND COSTAR REALTY INFORMATION, INC., AND DEFENDANT, XCELIGENT, INC. by Xceligent, Inc.. (Lehnardt, Mark)
June 21, 2019 Filing 201 STATUS REPORT by CoStar Group, Inc.. (Anielak, Eric)
January 8, 2019 Opinion or Order Filing 200 ORDER granting #199 motion to withdraw as attorney. Attorney Krista Anderson terminated as counsel in this matter. Signed on 01/08/2019 by District Judge Fernando J. Gaitan, Jr. This is a TEXT ONLY ENTRY. No document is attached. (Powers, Jo)
January 3, 2019 Filing 199 MOTION to withdraw as attorney filed by Elizabeth Fessler on behalf of All Plaintiffs. Suggestions in opposition/response due by 1/17/2019 unless otherwise directed by the court. (Fessler, Elizabeth)
December 21, 2018 Opinion or Order Filing 198 ORDER granting #193 motion to withdraw as attorney. Added attorney Gregory J Commins, Jr,Mark Lehnardt for Xceligent, Inc. Attorney John Tyner; Amy D. Fitts and Robert A. Henderson terminated Signed on 12/21/2018 by District Judge Fernando J. Gaitan, Jr. This is a TEXT ONLY ENTRY. No document is attached. (Powers, Jo)
December 21, 2018 Filing 197 STATUS REPORT by CoStar Group, Inc., CoStar Realty Information, Inc.. (Anielak, Eric)
September 14, 2018 Filing 196 NOTICE of appearance by Mark Lehnardt on behalf of Xceligent, Inc. (Lehnardt, Mark)
September 12, 2018 Opinion or Order Filing 195 ORDER granting #194 motion to appear pro hac vice entered by Clerk of Court. Attorney Gregory J Commins, Jr for Xceligent, Inc. allowed to appear pro hac vice. This entry will serve as authorization for the pro hac participation by the attorney. Western District of Missouri Local Rule 5.1 requires documents to be filed electronically. If pro hac vice counsel has not already done so, counsel is directed to immediately register for a WDMO e-filing account for NextGen CM/ECF. This will enable counsel to electronically file documents and receive electronic notification of filings. Register for a WDMO e-filing account at #PACER. This is a TEXT ONLY ENTRY. No document is attached. (Geiser, Angel)
September 11, 2018 Filing 194 Motion to allow Gregory J. Commins, Jr. to appear pro hac vice (Pro Hac fee $100 receipt number AMOWDC-5932376) filed by Mark Lehnardt on behalf of Xceligent, Inc.. (Attorney Mark Lehnardt added to party Xceligent, Inc.(pty:dft))(Lehnardt, Mark) (Main Document 194 replaced on 9/12/2018) (Geiser, Angel).
June 21, 2018 Filing 193 MOTION to withdraw as attorney filed by John Tyner on behalf of Xceligent, Inc.. Suggestions in opposition/response due by 7/5/2018 unless otherwise directed by the court. (Attachments: #1 Exhibit A - Application to Employ Baker Hostetler LLP)(Tyner, John)
June 20, 2018 Filing 192 STATUS REPORT by CoStar Group, Inc., CoStar Realty Information, Inc.. (Anielak, Eric)
May 31, 2018 Opinion or Order Filing 191 ORDER granting #190 motion to withdraw as attorney. Attorneys Eric Elliott and Jonah E. Perlin terminated as counsel in this matter. Signed on 05/31/2018 by District Judge Fernando J. Gaitan, Jr. This is a TEXT ONLY ENTRY. No document is attached.(Powers, Jo)
May 31, 2018 Filing 190 MOTION to withdraw as attorney Jonah E. Perlin and Eric Elliott filed by Elizabeth Anne Fessler on behalf of All Plaintiffs. Suggestions in opposition/response due by 6/14/2018 unless otherwise directed by the court. (Fessler, Elizabeth)
December 27, 2017 Opinion or Order Filing 189 ORDER granting #188 motion to stay. The parties shall file a status report every six months, beginning on JUNE 22, 2018, regarding the status of the bankruptcy case. Signed on 12/27/2017 by District Judge Fernando J. Gaitan, Jr. (Powers, Jo)
December 21, 2017 Filing 188 Consent MOTION to stay the Case filed by Eric Michael Anielak on behalf of All Plaintiffs. Suggestions in opposition/response due by 1/4/2018 unless otherwise directed by the court. (Anielak, Eric)
December 12, 2017 Filing 187 NOTICE to take deposition of Joseph Emison filed by Elizabeth Anne Fessler on behalf of Plaintiffs CoStar Group, Inc., CoStar Realty Information, Inc., LoopNet, Inc..(Fessler, Elizabeth)
December 12, 2017 Filing 186 NOTICE to take deposition of Jody Vanarsdale filed by Elizabeth Anne Fessler on behalf of Plaintiffs CoStar Group, Inc., CoStar Realty Information, Inc., LoopNet, Inc..(Fessler, Elizabeth)
December 12, 2017 Filing 185 NOTICE to take deposition of Frank Bandelow filed by Elizabeth Anne Fessler on behalf of Plaintiffs CoStar Group, Inc., CoStar Realty Information, Inc., LoopNet, Inc..(Fessler, Elizabeth)
December 12, 2017 Filing 184 Amended NOTICE to take deposition of Leslie Houston filed by Elizabeth Anne Fessler on behalf of Plaintiffs CoStar Group, Inc., CoStar Realty Information, Inc., LoopNet, Inc..(Fessler, Elizabeth)
December 11, 2017 Filing 183 CERTIFICATE OF SERVICE by All Plaintiffs of Notice of Subpoena for Production of Documents to Trepp, LLC filed by Elizabeth Anne Fessler on behalf of Plaintiffs CoStar Group, Inc., CoStar Realty Information, Inc., LoopNet, Inc..(Fessler, Elizabeth)
December 8, 2017 Filing 182 STATUS REPORT (Special Master Status Report) by Daniel Blegen. (Blegen, Daniel)
December 4, 2017 Filing 181 CERTIFICATE OF SERVICE by All Plaintiffs filed by Elizabeth Anne Fessler on behalf of Plaintiffs CoStar Group, Inc., CoStar Realty Information, Inc., LoopNet, Inc..(Fessler, Elizabeth)
November 24, 2017 Filing 180 STATUS REPORT of Special Master by Daniel Blegen. (Blegen, Daniel)
November 21, 2017 Filing 179 NOTICE to take deposition of Nicole Guinn filed by Elizabeth Anne Fessler on behalf of Plaintiffs CoStar Group, Inc., CoStar Realty Information, Inc., LoopNet, Inc..(Fessler, Elizabeth)
November 21, 2017 Filing 178 NOTICE to take deposition of Danny Rice filed by Elizabeth Anne Fessler on behalf of Plaintiffs CoStar Group, Inc., CoStar Realty Information, Inc., LoopNet, Inc..(Fessler, Elizabeth)
November 21, 2017 Opinion or Order Filing 177 ORDER granting #174 & #175 motion to appear pro hac vice entered by Clerk of Court. Attorneys Eric Elliott and Sean Douglass for plaintiff's allowed to appear pro hac vice. This entry will serve as authorization for the pro hac participation by the attorney. Western District of Missouri Local Rule 5.1 requires documents to be filed electronically. If pro hac vice counsel has not already done so, counsel is directed to immediately register for a CM/ECF account. This will enable counsel to electronically file documents and receive electronic notification of filings. Please return the original completed #ECF Registration Form to 400 E. 9th Street, Kansas City, Missouri 64106. This is a TEXT ONLY ENTRY. No document is attached.(Geiser, Angel)
November 20, 2017 Filing 176 CERTIFICATE OF SERVICE by All Plaintiffs of Plaintiffs' Second Amended Responses and Objections to Defendant's First Set of Interrogatories filed by Elizabeth Anne Fessler on behalf of Plaintiffs CoStar Group, Inc., CoStar Realty Information, Inc., LoopNet, Inc..(Fessler, Elizabeth)
November 17, 2017 Filing 175 Motion to allow Sean Douglass to appear pro hac vice (Pro Hac fee $50 receipt number 0866-5523996) filed by Elizabeth Anne Fessler on behalf of All Plaintiffs. (Fessler, Elizabeth)
November 17, 2017 Filing 174 Motion to allow Eric Elliott to appear pro hac vice (Pro Hac fee $50 receipt number 0866-5523993) filed by Elizabeth Anne Fessler on behalf of All Plaintiffs. (Fessler, Elizabeth)
November 17, 2017 Filing 173 NOTICE to take deposition of Leslie Houston filed by Elizabeth Anne Fessler on behalf of Plaintiffs CoStar Group, Inc., CoStar Realty Information, Inc., LoopNet, Inc..(Fessler, Elizabeth)
November 10, 2017 Filing 171 STATUS REPORT (Special Master's Status Report) by Daniel Blegen. (Blegen, Daniel)
November 7, 2017 Opinion or Order Filing 170 ORDER granting #167 Plaintiff's Consent Application for Issuance of Letters Rogatory. Signed on 11/7/17 by District Judge Fernando J. Gaitan, Jr. (Attachments: #1 Exhibit - Letters Rogatory). Signed paper version of Order and Letters Rogatory (with Court seal) sent to plaintiff's counsel by regular mail. (Enss, Rhonda)
November 3, 2017 Filing 169 CERTIFICATE OF SERVICE by All Plaintiffs filed by Elizabeth Anne Fessler on behalf of Plaintiffs CoStar Group, Inc., CoStar Realty Information, Inc., LoopNet, Inc..(Fessler, Elizabeth)
October 31, 2017 Filing 168 SUGGESTIONS in support re #167 Consent MOTION for issuance of letters rogatory filed by Elizabeth Anne Fessler on behalf of Plaintiffs CoStar Group, Inc., CoStar Realty Information, Inc., LoopNet, Inc.. (Attachments: #1 Exhibit 1 - Order Granting Writs of Search and Seizure, #2 Exhibit 2 - Writ of Search and Seizure NSO Building, #3 Exhibit 3 - Writ of Search and Seizure ADLS Building, #4 Exhibit 4 - Writ of Search and Seizure Jomel 1 Building)(Related document(s) #167 ) (Fessler, Elizabeth)
October 31, 2017 Filing 167 Consent MOTION for issuance of letters rogatory filed by Elizabeth Anne Fessler on behalf of All Plaintiffs. Suggestions in opposition/response due by 11/14/2017 unless otherwise directed by the court. (Fessler, Elizabeth)
October 12, 2017 Opinion or Order Filing 165 ORDER Setting Protocol For Image Production (granting #160 motion). Signed on 10/12/17 by District Judge Fernando J. Gaitan, Jr. (Enss, Rhonda)
October 10, 2017 Filing 164 CERTIFICATE OF SERVICE by Xceligent, Inc. Objections and Responses to Plaintiff CoStar Group, Inc.'s Sixth Request for Production of Documents and Second Set of Interrogatories filed by John Tyner on behalf of Defendant Xceligent, Inc..(Tyner, John)
October 10, 2017 Filing 163 NOTICE of filing Report and Recommendation of Special Master by Daniel Blegen (Blegen, Daniel)
October 5, 2017 Filing 162 REPLY SUGGESTIONS to motion re #127 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Elizabeth Anne Fessler on behalf of Plaintiffs CoStar Group, Inc., CoStar Realty Information, Inc., LoopNet, Inc.. (Related document(s) #127 ) (Fessler, Elizabeth)
September 29, 2017 Filing 161 STATUS REPORT of Special Master by Daniel Blegen. (Blegen, Daniel)
September 29, 2017 Filing 160 Joint MOTION for order Entry of Order Setting Protocol for Image Production filed by Elizabeth Anne Fessler on behalf of All Plaintiffs. Suggestions in opposition/response due by 10/13/2017 unless otherwise directed by the court. (Fessler, Elizabeth)
September 28, 2017 Filing 159 CERTIFICATE OF SERVICE OF INITIAL RULE 26 DISCLOSURES (First Supplemental) filed by John Tyner on behalf of Defendant Xceligent, Inc..(Tyner, John)
September 28, 2017 Filing 158 CERTIFICATE OF SERVICE by All Plaintiffs of Plaintiffs' Amended Rule 26(a)(1) Disclosures filed by Elizabeth Anne Fessler on behalf of Plaintiffs CoStar Group, Inc., CoStar Realty Information, Inc., LoopNet, Inc..(Fessler, Elizabeth)
September 21, 2017 Filing 157 SUGGESTIONS in opposition re #127 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Robert A. Henderson on behalf of Counter Claimant Xceligent, Inc.. Reply suggestions due by 10/5/2017 unless otherwise directed by the court. (Related document(s) #127 ) (Henderson, Robert)
September 18, 2017 Opinion or Order Filing 156 ORDER granting #155 defendant's consent motion for leave to file suggestions that exceed page limit. Defendant's suggestions in opposition to plaintiff's motion to dismiss shall not exceed 20 pages. Signed on 9/18/17 by District Judge Fernando J. Gaitan, Jr. This is a TEXT ONLY ENTRY. No document is attached.(Enss, Rhonda)
September 18, 2017 Filing 155 Consent MOTION for leave to file excess pages filed by Amy D. Fitts on behalf of Xceligent, Inc.. Suggestions in opposition/response due by 10/2/2017 unless otherwise directed by the court. (Fitts, Amy)
September 15, 2017 Filing 153 REPLY SUGGESTIONS to motion re #121 MOTION for judgment on the pleadings filed by John Tyner on behalf of Defendant Xceligent, Inc.. (Related document(s) #121 ) (Tyner, John)
September 15, 2017 Filing 152 STATUS REPORT Special Master's Status Report by Daniel Blegen. (Blegen, Daniel)
September 11, 2017 Filing 151 CERTIFICATE OF SERVICE by All Plaintiffs of Notice of Amended Subpoena for Rule 30(b)(6) Deposition of RE BackOffice, Inc. filed by Elizabeth Anne Fessler on behalf of Plaintiffs CoStar Group, Inc., CoStar Realty Information, Inc., LoopNet, Inc..(Fessler, Elizabeth)
September 11, 2017 Opinion or Order Filing 150 ORDER granting in part and denying in part #106 motion to compel and denying #109 motion to compel and #111 motion to compel. Signed on 9/11/17 by District Judge Fernando J. Gaitan, Jr. (Enss, Rhonda)
September 8, 2017 Filing 149 CERTIFICATE OF SERVICE by All Plaintiffs of CoStar's Second Set of Interrogatories and Sixth Set of Requests for Production of Documents filed by Elizabeth Anne Fessler on behalf of Plaintiffs CoStar Group, Inc., CoStar Realty Information, Inc., LoopNet, Inc..(Fessler, Elizabeth)
September 7, 2017 Filing 148 CERTIFICATE OF SERVICE by Xceligent, Inc. of Defendant Xceligent, Inc.'s Third Supplemental Responses to Plaintiffs' First Set of Interrogatories filed by John Tyner on behalf of Defendant Xceligent, Inc..(Tyner, John)
September 1, 2017 Filing 147 SUGGESTIONS in opposition re #121 MOTION for judgment on the pleadings filed by Elizabeth Anne Fessler on behalf of Plaintiffs CoStar Group, Inc., CoStar Realty Information, Inc., LoopNet, Inc.. Reply suggestions due by 9/15/2017 unless otherwise directed by the court. (Related document(s) #121 ) (Fessler, Elizabeth)
September 1, 2017 Filing 146 STATUS REPORT of Special Master by Daniel Blegen. (Blegen, Daniel)
August 30, 2017 Opinion or Order Filing 145 ORDER granting #143 consent motion for extension of time until 9/21/17 to file a response to #127 plaintiff's MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM . Signed on 8/30/17 by District Judge Fernando J. Gaitan, Jr. This is a TEXT ONLY ENTRY. No document is attached.(Enss, Rhonda)
August 28, 2017 Filing 144 CERTIFICATE OF SERVICE by All Plaintiffs of Plaintiffs' Responses and Objections to Defendant's Fourth Requests for Production of Documents filed by Elizabeth Anne Fessler on behalf of Plaintiffs CoStar Group, Inc., CoStar Realty Information, Inc., LoopNet, Inc..(Fessler, Elizabeth)
August 25, 2017 Filing 143 Consent MOTION for extension of time to file response/reply as to #127 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Amy D. Fitts on behalf of Xceligent, Inc.. Suggestions in opposition/response due by 9/8/2017 unless otherwise directed by the court. (Related document(s) #127 ) (Fitts, Amy)
August 25, 2017 Opinion or Order Filing 142 ORDER granting #138 motion to appear pro hac vice entered by Clerk of Court. Attorney Krista Anderson for CoStar Group, Inc., CoStar Realty Information, Inc., & LoopNet, Inc. allowed to appear pro hac vice. This entry will serve as authorization for the pro hac participation by the attorney. Western District of Missouri Local Rule 5.1 requires documents to be filed electronically. If pro hac vice counsel has not already done so, counsel is directed to immediately register for a CM/ECF account. This will enable counsel to electronically file documents and receive electronic notification of filings. Please return the original completed #ECF Registration Form to 400 E. 9th Street, Kansas City, Missouri 64106. This is a TEXT ONLY ENTRY. No document is attached.(Geiser, Angel)
August 24, 2017 Opinion or Order Filing 141 ORDER granting #140 motion for extension of time.Suggestions in opposition/response to motion for judgment on the pleadings due by 9/1/2017 unless otherwise directed by the court. Signed on 08/24/2017 by District Judge Fernando J. Gaitan, Jr. This is a TEXT ONLY ENTRY. No document is attached.(Powers, Jo)
August 24, 2017 Filing 140 Consent MOTION for extension of time to oppose Motion for Judgment on the Pleadings filed by Elizabeth Anne Fessler on behalf of All Plaintiffs. Suggestions in opposition/response due by 9/7/2017 unless otherwise directed by the court. (Fessler, Elizabeth)
August 23, 2017 Filing 139 NOTICE of filing Notice of Amended Subpoena by Xceligent, Inc. (Attachments: #1 Exhibit Amended Subpoena to Newmark & Company Real Estate, Inc., d/b/a Newmark Knight Frank)(Tyner, John)
August 23, 2017 Filing 138 Motion to allow Krista Anderson to appear pro hac vice (Pro Hac fee $50 receipt number 0866-5410929) filed by Elizabeth Anne Fessler on behalf of All Plaintiffs. (Fessler, Elizabeth)
August 23, 2017 Filing 137 NOTICE of filing of Notice of Subpoenas by Xceligent, Inc. (Attachments: #1 Exhibit Subpoena to CBRE Group, Inc., #2 Exhibit Subpoena to Newmark Knight Frank)(Tyner, John)
August 22, 2017 Opinion or Order Filing 136 ORDER granting #134 motion to appear pro hac vice entered by Clerk of Court. Attorney Carl Metz for CoStar Group, Inc., CoStar Realty Information, Inc.,& LoopNet, Inc. allowed to appear pro hac vice. This entry will serve as authorization for the pro hac participation by the attorney. Western District of Missouri Local Rule 5.1 requires documents to be filed electronically. If pro hac vice counsel has not already done so, counsel is directed to immediately register for a CM/ECF account. This will enable counsel to electronically file documents and receive electronic notification of filings. Please return the original completed #ECF Registration Form to 400 E. 9th Street, Kansas City, Missouri 64106. This is a TEXT ONLY ENTRY. No document is attached.(Geiser, Angel)
August 22, 2017 Opinion or Order Filing 135 ORDER granting #129 motion to appear pro hac vice entered by Clerk of Court. Attorney Mary Beth Hickcox-Howard for CoStar Group, Inc., CoStar Realty Information, Inc., & LoopNet, Inc. allowed to appear pro hac vice. This entry will serve as authorization for the pro hac participation by the attorney. Western District of Missouri Local Rule 5.1 requires documents to be filed electronically. If pro hac vice counsel has not already done so, counsel is directed to immediately register for a CM/ECF account. This will enable counsel to electronically file documents and receive electronic notification of filings. Please return the original completed #ECF Registration Form to 400 E. 9th Street, Kansas City, Missouri 64106. This is a TEXT ONLY ENTRY. No document is attached.(Geiser, Angel)
August 22, 2017 Filing 134 Motion to allow Carl Metz to appear pro hac vice (Pro Hac fee $50 receipt number 0866-5408982) filed by Eric Michael Anielak on behalf of CoStar Group, Inc., CoStar Realty Information, Inc., LoopNet, Inc.. (Anielak, Eric)
August 18, 2017 Filing 132 STATUS REPORT Special Master's Status Report by Daniel Blegen. (Blegen, Daniel)
August 18, 2017 Filing 131 ELECTRONIC TRANSCRIPT of hearing held August 1, 2017, before Judge Fernando J. Gaitan, Jr. Court Reporter: Gayle Wambolt, 816-512-5641, gayle_wambolt@mow.uscourts.gov. Number of pages: 13. NOTICE RE: REDACTION OF TRANSCRIPTS: Within 7 calendar days of this filing, each party shall inform the Court, by filing a Notice of Redaction, of the parties' intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy is located on our website at www.mow.uscourts.gov. Please read this policy carefully. NOTICE: Attorneys must contact the court reporter for copies during this 90 day period. Notice of Intent to File Redaction of Transcripts due by 8/25/2017 unless otherwise directed by the court. Release of Transcript Restriction set for 11/13/2017.(Wambolt, Gayle)
August 18, 2017 Filing 130 ELECTRONIC TRANSCRIPT of Teleconference held July 12, 2017, before Judge Fernando J. Gaitan, Jr. Court Reporter: Gayle Wambolt, 816-512-5641, gayle_wambolt@mow.uscourts.gov. Number of pages: 16. NOTICE RE: REDACTION OF TRANSCRIPTS: Within 7 calendar days of this filing, each party shall inform the Court, by filing a Notice of Redaction, of the parties' intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy is located on our website at www.mow.uscourts.gov. Please read this policy carefully. NOTICE: Attorneys must contact the court reporter for copies during this 90 day period. Notice of Intent to File Redaction of Transcripts due by 8/25/2017 unless otherwise directed by the court. Release of Transcript Restriction set for 11/13/2017.(Wambolt, Gayle)
August 17, 2017 Filing 129 Motion to allow Mary Beth Hickcox-Howard to appear pro hac vice (Pro Hac fee $50 receipt number 0866-5404623) filed by Elizabeth Anne Fessler on behalf of All Plaintiffs. (Fessler, Elizabeth)
August 17, 2017 Filing 128 SUGGESTIONS in support re #127 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Eric Michael Anielak on behalf of Plaintiffs CoStar Group, Inc., CoStar Realty Information, Inc., LoopNet, Inc.. (Related document(s) #127 ) (Anielak, Eric)
August 17, 2017 Filing 127 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Eric Michael Anielak on behalf of All Plaintiffs. Suggestions in opposition/response due by 8/31/2017 unless otherwise directed by the court. (Anielak, Eric)
August 16, 2017 Filing 126 REPLY SUGGESTIONS to motion re #111 MOTION to compel Production of Documents from DMGT US Employee Services, Inc. filed by Elizabeth Anne Fessler on behalf of Plaintiffs CoStar Group, Inc., CoStar Realty Information, Inc., LoopNet, Inc.. (Attachments: #1 Exhibit U - Xceligent Website, #2 Exhibit V - Email from Lombardo to Blumenstein, #3 Exhibit W - 2016 Annual Report)(Related document(s) #111 ) (Fessler, Elizabeth)
August 16, 2017 Filing 125 REPLY SUGGESTIONS to motion re #109 MOTION to compel Production of Documents by Defendant filed by Elizabeth Anne Fessler on behalf of Plaintiffs CoStar Group, Inc., CoStar Realty Information, Inc., LoopNet, Inc.. (Related document(s) #109 ) (Fessler, Elizabeth)
August 16, 2017 Filing 124 REPLY SUGGESTIONS to motion re #106 MOTION to compel Discovery filed by John Tyner on behalf of Defendant Xceligent, Inc.. (Related document(s) #106 ) (Tyner, John)
August 14, 2017 Filing 123 NOTICE of filing Request for Judicial Notice in Support of Xceligent's Motion for Judgment on the Pleadings and Suggestions in Support of this Request by Xceligent, Inc. (Attachments: #1 Exhibit A: FTC Complaint, #2 Exhibit B: FTC Order, #3 Exhibit C: FTC Press Release, #4 Exhibit D: COSTAR Registration No. 4916581, #5 Exhibit E: COSTAR GROUP Registration No. 4911993, #6 Exhibit F: LoopNet, CoStar, Begin A New Round in Long Boxing Match)(Tyner, John)
August 14, 2017 Filing 122 SUGGESTIONS in support re #121 MOTION for judgment on the pleadings filed by John Tyner on behalf of Defendant Xceligent, Inc.. (Attachments: #1 Exhibit A: FTC Complaint, #2 Exhibit B: FTC Order, #3 Exhibit C: FTC Press Release, #4 Exhibit D: COSTAR Registration No. 4916581, #5 Exhibit E: COSTAR GROUP Registration No. 4911993, #6 Exhibit F: LoopNet, CoStar, Begin A New Round in Long Boxing Match)(Related document(s) #121 ) (Tyner, John)
August 14, 2017 Filing 121 MOTION for judgment on the pleadings filed by John Tyner on behalf of Xceligent, Inc.. Suggestions in opposition/response due by 8/28/2017 unless otherwise directed by the court. (Tyner, John)
August 11, 2017 Filing 120 CERTIFICATE OF SERVICE by All Plaintiffs of Plaintiffs' Supplemental Responses & Objections to Xceligent's Second Requests for Production of Documents filed by Elizabeth Anne Fessler on behalf of Plaintiffs CoStar Group, Inc., CoStar Realty Information, Inc., LoopNet, Inc..(Fessler, Elizabeth)
August 11, 2017 Filing 119 SUGGESTIONS in opposition re #106 MOTION to compel Discovery filed by Elizabeth Anne Fessler on behalf of Plaintiffs CoStar Group, Inc., CoStar Realty Information, Inc., LoopNet, Inc.. Reply suggestions due by 8/25/2017 unless otherwise directed by the court. (Attachments: #1 Exhibit A)(Related document(s) #106 ) (Fessler, Elizabeth)
August 11, 2017 Filing 118 SUGGESTIONS in opposition re #109 MOTION to compel Production of Documents by Defendant filed by John Tyner on behalf of Defendant Xceligent, Inc.. Reply suggestions due by 8/25/2017 unless otherwise directed by the court. (Related document(s) #109 ) (Tyner, John)
August 11, 2017 Filing 117 CERTIFICATE OF SERVICE by Xceligent, Inc. of Defendant Xceligent, Inc.s Second Supplemental Responses to Plaintiffs First Set of Interrogatories; Defendant Xceligent, Inc.s First Supplemental Responses to Plaintiff CoStar Group, Inc.s First Set of Requests for Production of Documents; Defendant Xceligent, Inc.s First Supplemental Responses to Plaintiffs Third Request for Production of Documents; and Defendant Xceligent, Inc.s First Supplemental Responses to Plaintiff CoStar Group, Inc.s Fourth Set of Requests for Production of Documents filed by John Tyner on behalf of Defendant Xceligent, Inc..(Tyner, John)
August 11, 2017 Filing 116 SUGGESTIONS in opposition re #111 MOTION to compel Production of Documents from DMGT US Employee Services, Inc. filed by Richard F. Lombardo on behalf of Miscellaneous DMGT US Employee Services Inc.. Reply suggestions due by 8/25/2017 unless otherwise directed by the court. (Related document(s) #111 ) (Lombardo, Richard)
August 11, 2017 Opinion or Order Filing 115 ORDER granting #114 motion for leave to file excess pages. Plaintiffs' suggestions in support of their motion to dismiss shall be no longer than 20 pages. Signed on 08/11/2017 by District Judge Fernando J. Gaitan, Jr. This is a TEXT ONLY ENTRY. No document is attached.(Powers, Jo)
August 10, 2017 Filing 114 Consent MOTION for leave to file excess pages filed by Eric Michael Anielak on behalf of All Plaintiffs. Suggestions in opposition/response due by 8/24/2017 unless otherwise directed by the court. (Anielak, Eric)
August 7, 2017 Opinion or Order Filing 113 ORDER - The parties are directed to file expedited responses to the pending motions to compel discovery, Doc. Nos. 106, 109, and 111, on or before August 11, 2017. Any replies are to be filed on or before August 16, 2017. Signed on 8/7/17 by District Judge Fernando J. Gaitan, Jr. This is a TEXT ONLY ENTRY. No document is attached. (Enss, Rhonda)
August 4, 2017 Filing 112 SUGGESTIONS in support re #111 MOTION to compel Production of Documents from DMGT US Employee Services, Inc. filed by Eric Michael Anielak on behalf of Plaintiffs CoStar Group, Inc., CoStar Realty Information, Inc., LoopNet, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q, #18 Exhibit R, #19 Exhibit S, #20 Exhibit T)(Related document(s) #111 ) (Anielak, Eric)
August 4, 2017 Filing 111 MOTION to compel Production of Documents from DMGT US Employee Services, Inc. filed by Eric Michael Anielak on behalf of All Plaintiffs. Suggestions in opposition/response due by 8/18/2017 unless otherwise directed by the court. (Attachments: #1 Exhibit A)(Anielak, Eric)
August 4, 2017 Filing 110 SUGGESTIONS in support re #109 MOTION to compel Production of Documents by Defendant filed by Eric Michael Anielak on behalf of Plaintiffs CoStar Group, Inc., CoStar Realty Information, Inc., LoopNet, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12)(Related document(s) #109 ) (Anielak, Eric)
August 4, 2017 Filing 109 MOTION to compel Production of Documents by Defendant filed by Eric Michael Anielak on behalf of All Plaintiffs. Suggestions in opposition/response due by 8/18/2017 unless otherwise directed by the court. (Attachments: #1 Exhibit A)(Anielak, Eric)
August 4, 2017 Filing 108 NOTICE of filing of Notice of Subpoenas by Xceligent, Inc. (Attachments: #1 Subpoena to Colliers International Group, Inc., #2 Subpoena to Jones Lang LaSalle Americas, Inc.)(Tyner, John)
August 4, 2017 Filing 107 SUGGESTIONS in support re #106 MOTION to compel Discovery filed by John Tyner on behalf of Defendant Xceligent, Inc.. (Related document(s) #106 ) (Tyner, John)
August 4, 2017 Filing 106 MOTION to compel Discovery filed by John Tyner on behalf of Xceligent, Inc.. Suggestions in opposition/response due by 8/18/2017 unless otherwise directed by the court. (Attachments: #1 Exhibit A - Plaintiffs' Responses and Objections to Defendant Xceligent, Inc.'s Second Requests for Production of Documents, #2 Exhibit B - Plaintiffs' Amended Responses and Objections to Defendant Xceligent, Inc.'s First Set of Interrogatories (Redacted))(Tyner, John)
August 4, 2017 Filing 105 AFFIDAVIT Rule 53 Affidavit of Daniel E. Blegen by Daniel Blegen. (Blegen, Daniel)
August 2, 2017 Opinion or Order Filing 104 ORDER Granting Permission to File Motions to Compel Discovery. Signed on 8/2/2017 by District Judge Fernando J. Gaitan, Jr. (Crocker, Susan)
August 2, 2017 Opinion or Order Filing 103 ORDER Appointing Special Master. Signed on 8/2/2017 by District Judge Fernando J. Gaitan, Jr. (Crocker, Susan)
August 1, 2017 Filing 102 Minute Entry. Proceedings held before District Judge Fernando J. Gaitan, Jr.: HEARING held on 8/1/2017. Time in court: 10:32 am to 10:48 am. To order a transcript of this hearing please contact Gayle Wambolt, 816-512-5641. (Enss, Rhonda)
July 28, 2017 Filing 101 CERTIFICATE OF SERVICE by Xceligent, Inc. of Defendant Xceligent, Inc.'s Fourth Requests for Production of Documents filed by John Tyner on behalf of Defendant Xceligent, Inc..(Tyner, John)
July 28, 2017 Opinion or Order Filing 100 ORDER On Production of Documents and Information. Signed on 7/28/17 by District Judge Fernando J. Gaitan, Jr. (Enss, Rhonda)
July 28, 2017 Filing 99 CERTIFICATE OF SERVICE by All Plaintiffs of Plaintiffs' Notice of Amended Subpoena for Rule 30(b)(6) Deposition of RE BackOffice, Inc. filed by Elizabeth Anne Fessler on behalf of Plaintiffs CoStar Group, Inc., CoStar Realty Information, Inc., LoopNet, Inc..(Fessler, Elizabeth)
July 27, 2017 Opinion or Order Filing 98 ORDER re #97 Status Report filed by Xceligent, Inc. In light of the parties' joint status report, the Court will hold a hearing with counsel for both sides to discuss the issues of disagreement, including appointment of a special master and the scope of the special master's duties. Hearing set for 8/1/2017 10:30 AM in Courtroom 7C, Kansas City (FJG) before District Judge Fernando J. Gaitan Jr.. Signed on 07/27/2017 by District Judge Fernando J. Gaitan, Jr. This is a TEXT ONLY ENTRY. No document is attached. (Powers, Jo)
July 26, 2017 Filing 97 STATUS REPORT (Jointly Filed by All Parties) by Xceligent, Inc.. (Tyner, John)
July 17, 2017 Filing 96 CERTIFICATE OF SERVICE by All Plaintiffs of Notice of Subpoena for Rule 30(b)(6) Deposition of RE BackOffice, Inc. filed by Elizabeth Anne Fessler on behalf of Plaintiffs CoStar Group, Inc., CoStar Realty Information, Inc., LoopNet, Inc..(Fessler, Elizabeth)
July 14, 2017 Filing 95 CERTIFICATE OF SERVICE by Xceligent, Inc. of Defendant Xceligent, Inc.'s Responses and Objections to Plaintiffs' Fifth Set of Requests for Production of Documents filed by John Tyner on behalf of Defendant Xceligent, Inc..(Tyner, John)
July 13, 2017 Opinion or Order Filing 94 ORDER: As discussed in the teleconference, the parties are to provide status reports by 7/26/2017. See Order for details. Signed on 07/13/2017 by District Judge Fernando J. Gaitan, Jr. (Powers, Jo)
July 12, 2017 Filing 93 ACKNOWLEDGEMENT OF SERVICE executed Acknowledgement filed by CoStar Group, Inc., CoStar Realty Information, Inc.. (Fessler, Elizabeth)
July 12, 2017 Filing 92 Minute Entry. Proceedings held before District Judge Fernando J. Gaitan, Jr: Discovery Dispute TELEPHONE CONFERENCE held on 7/12/2017. To order a transcript of this hearing please contact Gayle Wambolt, 816-512-5641.(Text Entry Only. No Document Attached.) (Enss, Rhonda)
July 7, 2017 Filing 90 CERTIFICATE OF SERVICE by Xceligent, Inc. of Defendant Xceligent, Inc.'s Responses and Objections to Plaintiffs' Fourth Set of Requests for Production of Documents filed by John Tyner on behalf of Defendant Xceligent, Inc..(Tyner, John)
June 29, 2017 Opinion or Order Filing 88 ORDER granting #87 plaintiffs' unopposed motion for extension of time until 8/18/17 to answer or otherwise respond to Xceligent's Answer to Amended Complaint and Counterclaims. Signed on 6/29/17 by District Judge Fernando J. Gaitan, Jr. This is a TEXT ONLY ENTRY. No document is attached.(Enss, Rhonda)
June 29, 2017 Filing 87 Consent MOTION for extension of time to answer or otherwise respond to Defendant's counterclaims filed by Elizabeth Anne Fessler on behalf of All Plaintiffs. Suggestions in opposition/response due by 7/13/2017 unless otherwise directed by the court. (Fessler, Elizabeth)
June 28, 2017 Filing 86 ANSWER to #84 Amended Complaint, and, COUNTERCLAIM against CoStar Group, Inc., CoStar Realty Information, Inc. on behalf of Xceligent, Inc.. (Attachments: #1 Exhibit A - FTC Decision and Order, #2 Exhibit B - FTC Complaint, #3 Exhibit C - FTC Analysis, #4 Exhibit D - FTC Press Release, #5 Exhibit E - Comment from Ronald Fredette on Proposed Consent Agreement, #6 Exhibit F - Comment from William Dator on Proposed Consent Agreement, #7 Exhibit G - Comment from Tim Strange on Proposed Consent Agreement, #8 Exhibit H - LoopLink Terms of Service, #9 Exhibit I - April 7, 2009 Declaration of Andrew C. Florance, #10 Exhibit J - March 5, 2010 Declaration of Andrew C. Florance, #11 Exhibit K - December 2016 Original CoStar Publication, #12 Exhibit L - First Amended CoStar Publication, #13 Exhibit M - Second Amended CoStar Publication)(Tyner, John)
June 26, 2017 Opinion or Order Filing 85 ORDER re #78 Status Report filed by CoStar Realty Information, Inc., CoStar Group, Inc., #75 MOTION for Order (SEALED) Brief in Response to Court's May 24, 2017 Order on Discovery Disputes filed by CoStar Realty Information, Inc., LoopNet, Inc., CoStar Group, Inc., #76 Suggestions in Opposition to Motion, filed by Xceligent, Inc., #80 Status Report filed by Xceligent, Inc. The Court again concludes plaintiffs' proposals are not consistent with the proportionality requirements of the Federal Rules. Defendant's proposal regarding Interrogatory No. 1 is appropriate. With respect to search terms and custodians, the Court is inclined to allow plaintiffs incremental discovery (see Order for details). Telephone Conference set for 7/12/2017 01:00 PM in Chambers before District Judge Fernando J. Gaitan Jr. The parties will be notified via email of the Toll Free Conference number and the Access Code for teleconference participation. Signed on 06/26/2017 by District Judge Fernando J. Gaitan, Jr. (Powers, Jo)
June 21, 2017 Filing 84 AMENDED COMPLAINT against All Defendants filed by Eric Michael Anielak on behalf of All Plaintiffs. (Attachments: #1 Civil Cover Sheet Amended Civil Cover Sheet, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, Part I, #8 Exhibit F, Part II, #9 Exhibit F, Part III, #10 Exhibit F, Part IV, #11 Exhibit G)(Anielak, Eric)
June 21, 2017 Opinion or Order Filing 83 ORDER granting #62 motion for leave to file; granting #62 motion to amend/correct; finding as moot #25 Motion to Dismiss for Failure to State a Claim. Plaintiffs shall file their first amended complaint on ECF on or before JUNE 23, 2017. Defendant shall file its answer or other response to the amended complaint on or before JUNE 28, 2017. Signed on 06/21/2017 by District Judge Fernando J. Gaitan, Jr. (Powers, Jo)
June 19, 2017 Filing 82 CERTIFICATE OF SERVICE by All Plaintiffs of Plaintiffs' Responses and Objections to Discovery from Defendant filed by Elizabeth Anne Fessler on behalf of Plaintiffs CoStar Group, Inc., CoStar Realty Information, Inc., LoopNet, Inc..(Fessler, Elizabeth)
June 19, 2017 Opinion or Order Filing 81 ORDER granting #70 motion, setting protocol for discovery of ESI. Signed on 06/19/2017 by District Judge Fernando J. Gaitan, Jr. (Powers, Jo)
June 14, 2017 Filing 80 STATUS REPORT Regarding ESI Issues by Xceligent, Inc.. (Fitts, Amy)
June 14, 2017 Filing 79 CERTIFICATE OF SERVICE by All Plaintiffs of Plaintiffs' Fifth Set of Requests for Production of Documents filed by Elizabeth Anne Fessler on behalf of Plaintiffs CoStar Group, Inc., CoStar Realty Information, Inc., LoopNet, Inc..(Fessler, Elizabeth)
June 14, 2017 Filing 78 STATUS REPORT Regarding ESI Issues by CoStar Group, Inc., CoStar Realty Information, Inc.. (Fessler, Elizabeth)
June 13, 2017 Filing 77 NOTICE of filing of Notice of Subpoenas by Xceligent, Inc. (Attachments: #1 Exhibit Subpoena to Amazon.com, Inc., #2 Exhibit Subpoena to SingleHop, LLC, #3 Exhibit Subpoena to SingleHop, LLC)(Tyner, John)
June 12, 2017 Filing 76 Notice of Filing - Response to Court filed by John Tyner on behalf of Defendant Xceligent, Inc. Attachments: #1 Exhibit A - March 31, 2017 Xceligent's Proposed Custodians and Search Terms for Xceligent Data, #2 Exhibit B April 7, 2017 Plaintiffs Proposed Revised Search Terms for Xceligent Data, #3 Exhibit C April 7, 2017 Plaintiffs Proposed Xceligent Custodians, #4 Exhibit D May 1, 2017 Letter from Xceligents Counsel re: Search Term Hit Count and Custodians, #5 Exhibit E May 22, 2016 Letter from Plaintiffs Counsel re: Document Production, #6 Exhibit F June 5, 2017 Letter from Plaintiffs Counsel re: Revised Proposed Xceligent Custodians, #7 Exhibit G June 12, 2017 Letter from Xceligents Counsel re: Revised Proposed Xceligent Custodians)(Related document(s) #75 ) (Tyner, John) Modified on 6/14/2017 to correct docket text(Crocker, Susan).
June 12, 2017 Filing 75 Notice (Sealed) - Response to Court Order filed by Elizabeth Anne Fessler on behalf of All Plaintiffs. (Fessler, Elizabeth) Modified on 6/14/2017 to correct docket text (Crocker, Susan).
June 12, 2017 Opinion or Order Filing 74 ORDER granting #72 motion to seal document. Plaintiffs shall file their response to the Court's May 24, 2017 Order under seal on or before 6/15/17. Signed on 06/12/2017 by District Judge Fernando J. Gaitan, Jr. This is a TEXT ONLY ENTRY. No document is attached.(Powers, Jo)
June 7, 2017 Filing 73 CERTIFICATE OF SERVICE by All Plaintiffs of Plaintiffs' Fourth Set of Requests for Production of Documents, Notice of Subpoena to Pasadena Market Center, Inc. filed by Elizabeth Anne Fessler on behalf of Plaintiffs CoStar Group, Inc., CoStar Realty Information, Inc., LoopNet, Inc..(Fessler, Elizabeth)
June 7, 2017 Filing 72 Consent MOTION to seal document Plaintiffs' Response to the Court's Order on Discovery Disputes filed by Elizabeth Anne Fessler on behalf of All Plaintiffs. Suggestions in opposition/response due by 6/21/2017 unless otherwise directed by the court. (Fessler, Elizabeth)
June 7, 2017 Filing 71 STATUS REPORT (Jointly Filed by All Parties) by Xceligent, Inc.. (Tyner, John)
June 7, 2017 Filing 70 Joint MOTION for order Setting Protocol For Discovery of Electronically Stored Information filed by John Tyner on behalf of Xceligent, Inc.. Suggestions in opposition/response due by 6/21/2017 unless otherwise directed by the court. (Tyner, John)
June 6, 2017 Filing 69 CERTIFICATE OF SERVICE by All Plaintiffs of Notice of Subpoena to Cite Partners, LLC filed by Elizabeth Anne Fessler on behalf of Plaintiffs CoStar Group, Inc., CoStar Realty Information, Inc., LoopNet, Inc..(Fessler, Elizabeth)
May 31, 2017 Filing 68 CERTIFICATE OF SERVICE by Xceligent, Inc. Responses and Objections to Plaintiffs' Third Requests for Production of Documents filed by John Tyner on behalf of Defendant Xceligent, Inc..(Tyner, John)
May 30, 2017 Filing 67 CERTIFICATE OF SERVICE by DMGT US Employee Services Inc. filed by Richard F. Lombardo on behalf of Miscellaneous DMGT US Employee Services Inc..(Attorney Richard F. Lombardo added to party DMGT US Employee Services Inc.(pty:misc))(Lombardo, Richard)
May 25, 2017 Filing 66 CERTIFICATE OF SERVICE by All Plaintiffs of Notices of Subpoenas to Third Parties filed by Elizabeth Anne Fessler on behalf of Plaintiffs CoStar Group, Inc., CoStar Realty Information, Inc., LoopNet, Inc..(Fessler, Elizabeth)
May 24, 2017 Opinion or Order Filing 65 ORDER on discovery disputes. Plaintiffs' discovery requests are denied as stated; however, plaintiffs are directed to propose interrogatories and requests for production by 6/7/17 as detailed in the Order. Defendant's response to same due 6/12/17. Parties are to meet and confer re ESI protocol and initial parameters for ESI searches. Status report re same due by 6/7/2017. Parties are cautioned that failure to reach agreement on ESI protocol by 6/7/17 will result in appointment of a special master to oversee all ESI discovery in this case, with costs shared by the parties. Signed on 05/24/2017 by District Judge Fernando J. Gaitan, Jr. (Powers, Jo)
May 24, 2017 Opinion or Order Filing 64 ORDER Cancelling teleconference previously set for today and an order on the substance of the discovery disputes will be forthcoming. Signed on 5/24/17 by District Judge Fernando J. Gaitan, Jr. This is a TEXT ONLY ENTRY. No document is attached. (Enss, Rhonda)
May 23, 2017 Filing 63 Amended DISCLOSURE OF CORPORATE INTERESTS filed by Elizabeth Anne Fessler on behalf of Plaintiffs CoStar Group, Inc., CoStar Realty Information, Inc., LoopNet, Inc..(Fessler, Elizabeth)
May 23, 2017 Filing 62 MOTION for leave to file , Amended MOTION to amend/correct #1 Complaint,, filed by Elizabeth Anne Fessler on behalf of CoStar Group, Inc., CoStar Realty Information, Inc., LoopNet, Inc.. Suggestions in opposition/response due by 6/6/2017 unless otherwise directed by the court. (Attachments: #1 Exhibit Proposed Amended Complaint, #2 Exhibit Proposed Civil Cover Sheet)(Related document(s) #1 ) (Fessler, Elizabeth)
May 22, 2017 Filing 61 CERTIFICATE OF SERVICE by All Plaintiffs of Plaintiffs' Amended Responses and Objections to Defendant's First Set of Interrogatories filed by Elizabeth Anne Fessler on behalf of Plaintiffs CoStar Group, Inc., CoStar Realty Information, Inc., LoopNet, Inc..(Fessler, Elizabeth)
May 19, 2017 Filing 60 CERTIFICATE OF SERVICE by Xceligent, Inc. of Defendant Xceligent, Inc.'s Second Interrogatories to Plaintiffs and Third Requests for Production of Documents to Plaintiffs filed by John Tyner on behalf of Defendant Xceligent, Inc..(Tyner, John)
May 17, 2017 NOTICE of filing: Mediation and Assessment Program Reminder: Your post-mediation status report is due within 10 calendar days after the mediation. See MAP FAQs on Court's website for specifics and submit report(s) to: map@mow.uscourts.gov. (ADI, MAP)
May 15, 2017 Filing 59 CERTIFICATE OF SERVICE by All Plaintiffs of Notice of Subpoena to DMG Information US, Inc. filed by Elizabeth Anne Fessler on behalf of Plaintiffs CoStar Group, Inc., CoStar Realty Information, Inc., LoopNet, Inc..(Fessler, Elizabeth)
May 15, 2017 Filing 58 DESIGNATION OF MEDIATOR naming John R. Phillips(Fessler, Elizabeth)
May 12, 2017 Opinion or Order Filing 57 ORDER - Telephone Conference regarding parties' discovery dispute is RESET for 5/24/2017 AT **1:15 PM** (change in time only) before District Judge Fernando J. Gaitan Jr. Signed on 5/12/17 by District Judge Fernando J. Gaitan, Jr. This is a TEXT ONLY ENTRY. No document is attached. (Enss, Rhonda)
May 11, 2017 Opinion or Order Filing 56 ORDER: Telephone Conference regarding parties' discovery dispute letters sent 5/8/12 and 5/10/12 set for 5/24/2017 11:00 AM in Chambers before District Judge Fernando J. Gaitan Jr. The parties will be notified via email of the Toll Free Conference number and the Access Code for teleconference participation. Signed on 05/11/2017 by District Judge Fernando J. Gaitan, Jr. This is a TEXT ONLY ENTRY. No document is attached. (Powers, Jo). Modified on 5/12/2017 to correct date of discovery dispute letters (Enss, Rhonda).
May 1, 2017 Filing 51 CERTIFICATE OF SERVICE by All Plaintiffs of Plaintiffs' Third Set of Requests for Production of Documents filed by Elizabeth Anne Fessler on behalf of Plaintiffs CoStar Group, Inc., CoStar Realty Information, Inc., LoopNet, Inc..(Fessler, Elizabeth)
April 20, 2017 Opinion or Order Filing 50 ORDER granting #49 motion to withdraw as attorney. Attorneys Brian H Polovoy; John Gueli and Thomas R Makin terminated as counsel for defendant. Robert A. Henderson, John M. Tyner, and Amy D. Fitts remain as lead counsel for defendant Xceligent, Inc. Signed on 04/20/2017 by District Judge Fernando J. Gaitan, Jr. This is a TEXT ONLY ENTRY. No document is attached.(Powers, Jo)
April 20, 2017 Filing 49 MOTION to withdraw as attorney filed by Brian H Polovoy on behalf of Xceligent, Inc.. Suggestions in opposition/response due by 5/4/2017 unless otherwise directed by the court. (Polovoy, Brian)
April 14, 2017 Filing 48 CERTIFICATE OF SERVICE by Xceligent, Inc. of First Supplemental Responses to Plaintiff's First Set of Interrogatories filed by Amy D. Fitts on behalf of Defendant Xceligent, Inc..(Fitts, Amy)
April 12, 2017 Filing 47 CERTIFICATE OF SERVICE by All Plaintiffs of Plaintiffs' Objections and Responses to Defendant's Second Requests for Production of Documents and First Set of Interrogatories filed by Elizabeth Anne Fessler on behalf of Plaintiffs CoStar Group, Inc., CoStar Realty Information, Inc., LoopNet, Inc..(Fessler, Elizabeth)
April 12, 2017 Filing 46 AMENDED NOTICE OF INCLUSION FOR MEDIATION AND ASSESSMENT PROGRAM (MAP). REVIEW NOTICE AND MAP GENERAL ORDER CAREFULLY FOR IMPORTANT CHANGES, DEADLINES AND REQUIREMENTS.Notice of MAP assignment to an outside mediator. (Attachments: #1 MAP General Order)(Ellis, Lindsey)
March 20, 2017 Filing 45 CERTIFICATE OF SERVICE by All Plaintiffs of Plaintiffs' Responses and Objections to Defendant's First Request for Production of Documents filed by Elizabeth Anne Fessler on behalf of Plaintiffs CoStar Group, Inc., CoStar Realty Information, Inc., LoopNet, Inc..(Fessler, Elizabeth)
March 20, 2017 Filing 44 CERTIFICATE OF SERVICE by Xceligent, Inc. of Defendant Xceligent, Inc.'s Responses and Objections to Plaintiff CoStar Group, Inc.'s Second Request for Production of Documents filed by John Tyner on behalf of Defendant Xceligent, Inc..(Tyner, John)
March 20, 2017 Opinion or Order Filing 43 SCHEDULING ORDER: Fact Discovery due by 2/9/2018. Expert Discovery due by 7/9/2018. Responding Reports due by 5/21/2018. Dispositive Motions due by 7/9/2018. Status Reports due by 2/2/2018 and 7/2/2018. Signed on 3/20/2017 by District Judge Fernando J. Gaitan, Jr. (Shawver, Marylynn)
March 15, 2017 Opinion or Order Filing 42 SCHEDULING ORDER: Fact Discovery due by 2/9/2018. Expert Discovery due by 7/9/2018. Dispositive Motions due by 7/9/2018. Status Reports due by 2/2/2018 and 7/2/2018. Signed on 3/15/2017 by District Judge Fernando J. Gaitan, Jr. (Shawver, Marylynn)
March 13, 2017 Filing 41 CERTIFICATE OF SERVICE by Xceligent, Inc. of Defendant Xceligent, Inc.'s First Set of Interrogatories and Defendant Xceligent, Inc.'s Second Set of Requests for Production of Documents filed by John Tyner on behalf of Defendant Xceligent, Inc..(Tyner, John)
March 7, 2017 Filing 40 CERTIFICATE OF SERVICE by All Plaintiffs of Notices of Subpoenas to Third Parties filed by Elizabeth Anne Fessler on behalf of Plaintiffs CoStar Group, Inc., CoStar Realty Information, Inc., LoopNet, Inc..(Fessler, Elizabeth)
March 2, 2017 Filing 39 CERTIFICATE OF SERVICE by Xceligent, Inc. of Defendant Xceligent, Inc.'s Responses and Objections to Plaintiff CoStar Group, Inc.'s First Set of Requests for Production of Documents and Defendant's Responses and Objections to Plaintiff's First Set of Interrogatories filed by Robert A. Henderson on behalf of Defendant Xceligent, Inc..(Henderson, Robert)
March 2, 2017 Opinion or Order Filing 38 ORDER granting #37 motion for protective order. Signed on 03/02/2017 by District Judge Fernando J. Gaitan, Jr. (Powers, Jo)
February 28, 2017 Filing 37 Joint MOTION for protective order filed by Elizabeth Anne Fessler on behalf of All Plaintiffs. Suggestions in opposition/response due by 3/14/2017 unless otherwise directed by the court. (Fessler, Elizabeth)
February 24, 2017 Filing 36 REPLY SUGGESTIONS to motion re #25 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by John Tyner on behalf of Defendant Xceligent, Inc.. (Related document(s) #25 ) (Tyner, John)
February 16, 2017 Filing 35 CERTIFICATE OF SERVICE by Xceligent, Inc. Defendant's First Request for Production of Documents to Plaintiffs filed by John Tyner on behalf of Defendant Xceligent, Inc..(Tyner, John)
February 15, 2017 Filing 34 CERTIFICATE OF SERVICE by All Plaintiffs of Plaintiffs' Second Request for Production of Documents filed by Elizabeth Anne Fessler on behalf of Plaintiffs CoStar Group, Inc., CoStar Realty Information, Inc., LoopNet, Inc..(Fessler, Elizabeth)
February 14, 2017 Filing 33 CERTIFICATE OF SERVICE OF INITIAL RULE 26 DISCLOSURES filed by Amy D. Fitts on behalf of Defendant Xceligent, Inc..(Fitts, Amy)
February 14, 2017 Filing 32 CERTIFICATE OF SERVICE OF INITIAL RULE 26 DISCLOSURES to Defendant filed by Elizabeth Anne Fessler on behalf of Plaintiffs CoStar Group, Inc., CoStar Realty Information, Inc., LoopNet, Inc..(Fessler, Elizabeth)
February 14, 2017 Filing 31 Joint PROPOSED SCHEDULING ORDER AND DISCOVERY PLAN by CoStar Group, Inc., CoStar Realty Information, Inc., LoopNet, Inc.. (Fessler, Elizabeth)
February 10, 2017 Filing 30 NOTICE of filing Request for Judicial Notice in Support of Its Suggestions in Opposition to Defendant Xceligents Motion to Dismiss by CoStar Group, Inc., CoStar Realty Information, Inc., LoopNet, Inc. (Attachments: #1 Exhibit 1)(Fessler, Elizabeth)
February 10, 2017 Filing 29 SUGGESTIONS in opposition re #25 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Elizabeth Anne Fessler on behalf of Plaintiffs CoStar Group, Inc., CoStar Realty Information, Inc., LoopNet, Inc.. Reply suggestions due by 2/24/2017 unless otherwise directed by the court. (Attachments: #1 Exhibit A)(Related document(s) #25 ) (Fessler, Elizabeth)
January 31, 2017 Filing 28 CERTIFICATE OF SERVICE by All Plaintiffs of Plaintiffs' First Set of Requests for Production of Docments, First Set of Interrogatories, and Notice of Subpoenas for Production of Documents to Amazon.com, Inc., Dropbox, Inc, and RE BackOffice, Inc. filed by Elizabeth Anne Fessler on behalf of Plaintiffs CoStar Group, Inc., CoStar Realty Information, Inc., LoopNet, Inc..(Fessler, Elizabeth)
January 27, 2017 Filing 27 NOTICE of filing Defendant Xceligent, Inc.'s Request for Judicial Notice in Support of Its Motion to Dismiss and Suggestions in Support of This Request by Xceligent, Inc. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10)(Henderson, Robert)
January 27, 2017 Filing 26 SUGGESTIONS in support re #25 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Robert A. Henderson on behalf of Defendant Xceligent, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J)(Related document(s) #25 ) (Henderson, Robert)
January 27, 2017 Filing 25 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Robert A. Henderson on behalf of Xceligent, Inc.. Suggestions in opposition/response due by 2/10/2017 unless otherwise directed by the court. (Henderson, Robert)
January 12, 2017 Filing 24 NOTICE of appearance by John Tyner on behalf of Xceligent, Inc. (Attorney John Tyner added to party Xceligent, Inc.(pty:dft))(Tyner, John)
January 11, 2017 Filing 23 NOTICE of appearance by Amy D. Fitts on behalf of Xceligent, Inc. (Attorney Amy D. Fitts added to party Xceligent, Inc.(pty:dft))(Fitts, Amy)
January 9, 2017 Opinion or Order Filing 22 ORDER granting #15 motion for extension of time. Defendant's answer or other response to the complaint is due by 1/27/2017 unless otherwise directed by the court. Signed on 1/09/2017 by District Judge Fernando J. Gaitan, Jr. This is a TEXT ONLY ENTRY. No document is attached.(Powers, Jo)
January 3, 2017 Opinion or Order Filing 21 ORDER granting #18 #19 #20 motion to appear pro hac vice entered by Clerk of Court. Attorney Brian H Polovoy for Xceligent, Inc., John Gueli for Xceligent, Inc.,Thomas R Makin for Xceligent, Inc. allowed to appear pro hac vice. This entry will serve as authorization for the pro hac participation by the attorney. Western District of Missouri Local Rule 5.1 requires documents to be filed electronically. If pro hac vice counsel has not already done so, counsel is directed to immediately register for a CM/ECF account. This will enable counsel to electronically file documents and receive electronic notification of filings. Please return the original completed #ECF Registration Form to 400 E. 9th Street, Kansas City, Missouri 64106. This is a TEXT ONLY ENTRY. No document is attached.(Russel, Jeri)
January 3, 2017 Filing 20 Motion to allow Thomas R. Makin to appear pro hac vice (Pro Hac fee $50 receipt number 0866-5113776) filed by Robert A. Henderson on behalf of Xceligent, Inc.. (Henderson, Robert)
January 3, 2017 Filing 19 Motion to allow John Gueli to appear pro hac vice (Pro Hac fee $50 receipt number 0866-5113771) filed by Robert A. Henderson on behalf of Xceligent, Inc.. (Henderson, Robert)
January 3, 2017 Filing 18 Motion to allow Brian H. Polovoy to appear pro hac vice (Pro Hac fee $50 receipt number 0866-5113760) filed by Robert A. Henderson on behalf of Xceligent, Inc.. (Henderson, Robert)
December 30, 2016 Opinion or Order Filing 17 **IGNORE- entered in error. Please see the notice of docket modification for further explanation** ORAL ORDER granting #15 motion for extension of time. Defendant Xceligent, Inc.'s answer or other response is due on or before January 27, 2017. Signed on December 30, 2016 by Magistrate Judge Sarah W. Hays. This is a TEXT ONLY ENTRY. No document is attached.(Clinton, Erica) Modified on 12/30/2016 (Chorny, Traci).
December 30, 2016 Opinion or Order NOTICE OF DOCKET MODIFICATION. A modification has been made to the document filed on 12/30/2016 as Document No. 17- ORAL ORDER granting 15 motion for extension of time. The order was entered by Judge Hays in error as the case has been transferred to Judge Gaitan. The deadline for filing a response to the #15 Motion for Extension of Time is 1/5/2017. This is a text entry only - no document is attached. (Chorny, Traci)
December 27, 2016 Filing 16 DISCLOSURE OF CORPORATE INTERESTS Corporate Certificate of Interest filed by Robert A. Henderson on behalf of Defendant Xceligent, Inc..(Henderson, Robert)
December 22, 2016 Filing 15 MOTION for extension of time to respond to Plaintiffs' Complaint and Suggestions in Support filed by Robert A. Henderson on behalf of All Defendants. Suggestions in opposition/response due by 1/5/2017 unless service is made pursuant to FRCP 5 or as otherwise directed by the court. (Attorney Robert A. Henderson added to party Xceligent, Inc.(pty:dft))(Henderson, Robert)
December 21, 2016 Filing 14 NOTICE OF CASE REASSIGNMENT: Per order, case randomly reassigned to District Judge Fernando J. Gaitan, Jr for all further proceedings. District Judge Beth Phillips no longer assigned to case. Please note the new case number: 16-1288-CV-W-FJG. This is a TEXT ONLY ENTRY. No document is attached. (Melvin, Greg)
December 21, 2016 Opinion or Order Filing 13 ORDER OF RECUSAL. Pursuant to 28 U.S.C. 455, the undersigned hereby recuses herself from any further involvement in this case. The Clerk of Court is directed to randomly reassign this case to another judge. Signed on 12/21/16 by District Judge Beth Phillips. (Cordell, Annette)
December 21, 2016 Filing 12 NOTICE OF REASSIGNMENT from Magistrate Judge Sarah W. Hays to District Judge Beth Phillips. **The new case number is 16-cv-01288-W-BP.** (Martin, Jan)
December 16, 2016 Filing 11 RETURN OF SERVICE of complaint executed by All Plaintiffs. Xceligent, Inc. served on 12/13/2016, answer due 1/3/2017. (Attachments: #1 Exhibit Return of Service)(Fessler, Elizabeth)
December 16, 2016 Opinion or Order Filing 10 ORDER granting #6 , #7 , #8 and #9 motions to appear pro hac vice entered by Clerk of Court. Attorneys Jonnah E. Perlin, C. Bryan Wilson, Nicholas J. Boyle, and Matthew H. Blumenstein for CoStar Group, Inc., CoStar Realty Information, Inc., and LoopNet, Inc. allowed to appear pro hac vice. This entry will serve as authorization for the pro hac participation by the attorneys. Western District of Missouri Local Rule 5.1 requires documents to be filed electronically. If pro hac vice counsel has not already done so, counsel is directed to immediately register for a CM/ECF account. This will enable counsel to electronically file documents and receive electronic notification of filings. Please return the original completed #ECF Registration Form to 400 E. 9th Street, Kansas City, Missouri 64106. This is a TEXT ONLY ENTRY. No document is attached.(Martin, Jan)
December 15, 2016 Filing 9 Motion to allow Matthew H. Blumenstein to appear pro hac vice (Pro Hac fee $50 receipt number 0866-5097915) filed by Eric Michael Anielak on behalf of All Plaintiffs. (Anielak, Eric)
December 15, 2016 Filing 8 Motion to allow Jonah E. Perlin to appear pro hac vice (Pro Hac fee $50 receipt number 0866-5097892) filed by Eric Michael Anielak on behalf of All Plaintiffs. (Anielak, Eric)
December 15, 2016 Filing 7 Motion to allow Nicholas J. Boyle to appear pro hac vice (Pro Hac fee $50 receipt number 0866-5097885) filed by Eric Michael Anielak on behalf of All Plaintiffs. (Anielak, Eric)
December 15, 2016 Filing 6 Motion to allow C. Bryan Wilson to appear pro hac vice (Pro Hac fee $50 receipt number 0866-5097876) filed by Eric Michael Anielak on behalf of All Plaintiffs. (Anielak, Eric)
December 13, 2016 Filing 5 NOTICE OF INCLUSION FOR MEDIATION AND ASSESSMENT PROGRAM (MAP). REVIEW NOTICE AND MAP GENERAL ORDER CAREFULLY FOR IMPORTANT CHANGES, DEADLINES AND REQUIREMENTS.Notice of MAP assignment to United States Magistrate Judge Robert E. Larsen. (Attachments: #1 MAP General Order)(Martin, Jan)
December 13, 2016 SUMMONS ISSUED as to Xceligent, Inc.. (Travis, Kendra)
December 13, 2016 NOTICE OF MAGISTRATE ASSIGNMENT emailed to plaintiffs' counsel. This is a docket entry only. No document is attached. Magistrate Return due by 1/3/2017 unless service is made pursuant to FRCP 5 or as otherwise directed by the court. (Martin, Jan)
December 12, 2016 Filing 4 NOTICE of appearance by Eric Michael Anielak on behalf of All Plaintiffs (Anielak, Eric)
December 12, 2016 Filing 3 NOTICE of filing Report on Filing or Determination of an Action or Appeal Re a Copyright by CoStar Group, Inc., CoStar Realty Information, Inc., LoopNet, Inc. (Anielak, Eric)
December 12, 2016 Filing 2 DISCLOSURE OF CORPORATE INTERESTS filed by Eric Michael Anielak on behalf of Plaintiffs CoStar Group, Inc., CoStar Realty Information, Inc., LoopNet, Inc..(Anielak, Eric)
December 12, 2016 Filing 1 COMPLAINT against All Defendants filed by Eric Michael Anielak on behalf of All Plaintiffs. Filing fee $400, receipt number 25VGPAIV. Service due by 3/13/2017 unless service is made pursuant to FRCP 5 or as otherwise directed by the court. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G Pt I, #8 Exhibit G Pt II, #9 Exhibit G Pt III, #10 Exhibit G Pt IV, #11 Exhibit H, #12 Civil Cover Sheet)(Anielak, Eric)

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Search for this case: CoStar Group, Inc. et al v. Xceligent, Inc.
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Defendant: Xceligent, Inc.
Represented By: Brian H Polovoy
Represented By: Gregory J Commins, Jr
Represented By: John Gueli
Represented By: Thomas R Makin
Represented By: Amy D. Fitts
Represented By: John Tyner
Represented By: Mark Lehnardt
Represented By: Robert A. Henderson
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Plaintiff: CoStar Group, Inc
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Plaintiff: CoStar Group, Inc.
Represented By: C. Bryan Wilson
Represented By: Carl Metz
Represented By: Elizabeth Fessler
Represented By: Mary Beth Hickcox-Howard
Represented By: Matthew H. Blumenstein
Represented By: Nicholas J. Boyle
Represented By: Sean Douglass
Represented By: Eric Elliott
Represented By: Jonah E. Perlin
Represented By: Krista Anderson
Represented By: Eric Michael Anielak
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Plaintiff: CoStar Realty Information, Inc.
Represented By: C. Bryan Wilson
Represented By: Carl Metz
Represented By: Elizabeth Fessler
Represented By: Mary Beth Hickcox-Howard
Represented By: Matthew H. Blumenstein
Represented By: Nicholas J. Boyle
Represented By: Sean Douglass
Represented By: Eric Elliott
Represented By: Jonah E. Perlin
Represented By: Krista Anderson
Represented By: Eric Michael Anielak
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Plaintiff: LoopNet, Inc.
Represented By: C. Bryan Wilson
Represented By: Carl Metz
Represented By: Elizabeth Fessler
Represented By: Mary Beth Hickcox-Howard
Represented By: Matthew H. Blumenstein
Represented By: Nicholas J. Boyle
Represented By: Sean Douglass
Represented By: Eric Elliott
Represented By: Jonah E. Perlin
Represented By: Krista Anderson
Represented By: Eric Michael Anielak
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Not classified by court: DMGT US Employee Services Inc.
Represented By: Richard F. Lombardo
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Special master: Daniel Blegen
Represented By: Daniel Eric Blegen
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