Infogroup, Inc. et al v. DatabaseLLC et al
| Infogroup, Inc., infoUSA Marketing, Inc. and infoUSA, Inc. |
| Jason Dailey, DatabaseLLC, John Does, Vinod Gupta, Jon McCormick, Mark Puljan and Blake Van Gilder |
| 8:2014cv00049 |
| February 12, 2014 |
| U.S. District Court for the District of Nebraska |
| 8 Omaha Office |
| John M. Gerrard |
| Cheryl R. Zwart |
| Copyright |
| 17 U.S.C. ยง 501 Copyright Infringement |
| None |
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The following documents for this case are available for you to view or download:
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Filing
562
ORDER TO WITHDRAW EXHIBITS OR TO SHOW CAUSE WHY EXHIBITS SHOULD NOT BE DESTROYED - Counsel for the parties shall either 1) withdraw the following exhibits previously submitted in this matter within 14 calendar days of the date of this order, or 2) show cause why the exhibits should not be destroyed. Ordered by Senior Judge John M. Gerrard. (JAB)
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Filing
546
ORDER - The parties' stipulation (filing 545 ) is approved. In lieu of the supersedeas bond as provided for by Fed. R. Civ. P. 62(b) and Fed. R. App. P. 8(a), Vinod Gupta shall provide a Letter of Credit for the benefit of Infogroup, Inc., in t he amount and with the terms to which the parties have stipulated. The Letter of Credit shall be held for the benefit of Infogroup, Inc., under the terms to which the parties have stipulated. The provision of this Letter of Credit shall have the same effect in all respects as the posting of the supersedeas bond as provided for by Fed. R. Civ. P. 62(b) and Fed. R. App. P. 8(a). Ordered by Chief Judge John M. Gerrard. (KLF)
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Filing
543
ORDER - The Court's Memorandum and Order of December 17, 2018 (filing 532 ) shall remain in effect through January 9, 2019 as to Vinod Gupta. If the parties cannot finalize a letter of credit by January 9, 2019, the stay against Gupta only will be extended for a reasonable amount of time to do so under the same terms as set forth in filing 532 . After January 9, 2019, Infogroup shall provide Gupta's counsel with three business days' notice before taking any steps to execute on the judgment against Gupta. Execution on the judgment against DatabaseUSA.com LLC is not affected by this order. Ordered by Chief Judge John M. Gerrard. (KLF)
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Filing
533
MEMORANDUM AND ORDER - Infogroup's motion to amend judgment (filing 473]) is denied. Infogroup's amended motion for attorney's fees (filing 495 ) is granted in part and denied in part as set forth above. Attorney's fees are award ed in the amount of $426,250.10, payable to Infogroup jointly and severally by Gupta and DatabaseUSA. Infogroup's motion to amend the judgment to include permanent injunctive relief (filing 498 ) is granted. DatabaseUSA's motion for j udgment as a matter of law (renewed) (filing 507 ) is granted in part and denied in part as set forth above. DatabaseUSA's motion for new trial (filing 510 ) or in the alternative to alter or amend the judgment is granted in part and denied in part as set forth above. A separate, amended judgment will be entered. Ordered by Chief Judge John M. Gerrard. (KLF)
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Filing
532
MEMORANDUM AND ORDER granting in part and denying in part 499 Motion for Reconsideration. The Defendants are not required to post a bond during the pendency of any further post-trial motions. The Defendants shall direct their accountants and other financial professionals (with a corresponding commitment from each of them) that all banking, tax and financial records, from and after January 1, 2012, in their possession or control, regarding any Defendant, will be maintained and preserved, withou t any spoliation. No asset of any Defendant will be transferred, (i) outside the ordinary course of business, (ii) for less than a reasonably equivalent value, or (iii) to an insider. The Defendants shall agree in writing to the tolling of any statut e of limitations applicable to fraudulent transfer claims, alter ego claims, continuing corporation claims, director and officer liability claims and all other creditor relief claims of every type and nature, that Infogroup may have against either De fendants or against any third party who dealt with either of the Defendants. Pursuant to Fed. R. Civ. P. 62, the Defendants are required to pay and satisfy the judgment within fourteen (14) days of the Court's rulings on the Defendants' Rule 50 and Rule 59 post-trial motions, in the absence of any other well-supported motion for a stay. Ordered by Chief Judge John M. Gerrard. (DCD)
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Filing
501
ORDER granting 488 Motion to Extend; approving 500 Stipulation. Infogroup's motion to extend 488 is granted. The parties' joint stipulation 500 is approved. Infogroup may supplement its motion for attorney fees 495 on or before September 24, 2018. DatabaseUSA may respond to Infogroup's motion for attorney fees 495 on or before October 9, 2019. Infogroup may reply in support of its motion on or before October 16, 2018. Ordered by Judge John M. Gerrard. (DCD)
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Filing
472
ORDER - that the plaintiff's Motion for Corrective Order Nunc Pro Tunc (filing 469 ) is denied. Ordered by Judge John M. Gerrard. (DCD)
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Filing
443
ORDER granting in part and denying in part 337 Motion in Limine; granting in part and denying in part 404 Motion in Limine; granting in part and denying in part 406 Motion in Limine. Infogroup's misappropriation of trade secrets claim is dismissed with prejudice. Ordered by Judge John M. Gerrard. (DCD)
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Filing
429
ORDER - The Parties' Joint Motion and Stipulation Regarding Party Plaintiffs and Party Counterclaim Defendants (filing 428 ) is granted. The Parties' Joint Motion and Stipulation Regarding Party Plaintiffs (filing 427 ) is denied as moot. The Clerk of the Court is directed to terminate infoUSA, Inc. and infoUSA Marketing, Inc. as parties. Ordered by Judge John M. Gerrard. (KLF)
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Filing
426
ORDER - that Defendants' Emergency Motion for Leave to Take Discovery (Filing No. 421 ) is denied. Plaintiffs' Motion for Protective Order (Filing No. 422 ) is granted. Ordered by Magistrate Judge Susan M. Bazis. (KLF)
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Filing
403
ORDER - Defendants' Motion to Remove Certain Protective Order Designations (Filing No. 327 ) is granted, as set forth above. Plaintiffs' Motion to Disclose Report of a Sur-rebuttal Expert (Filing No. 331 ) is granted, as set forth above. Ordered by Magistrate Judge Susan M. Bazis. (KLF)
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Filing
319
ORDER - Counsel discussed a possible resolution of the issue concerning an AEO designation in the protective order. Counsel will again meet and confer regarding this issue in an effort to see if it can be resolved. The parties shall produce the finan cial documents requested. The production is to be double verified under oath by the responding party. Defendants' counsel is going to confer with his clients regarding the existence of documents responsive to Request for Production No. 12. If su ch documents exist, they must be produced. Defendants shall produce documents responsive to Request for Production No. 34 as discussed during the telephone conference. Responsive documents shall be produced no later than 5:00 p.m. on May 4, 2018. Plaintiffs' counsel shall confer with her clients and provide potential dates for a Rule 30(b)(6) deposition by the close of business today. Ordered by Magistrate Judge Susan M. Bazis. (KLF)
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Filing
313
ORDER granting in part and denying in part 291 Motion to Compel. Ordered by Magistrate Judge Susan M. Bazis. (ADB)
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Filing
281
ORDER OF RECUSAL - Upon review of the complaint in the above-designated case, the undersigned judge shall, and hereby does, recuse herself from the above-designated case pursuant to 28 U.S.C. § 455(a). The clerk shall refer the file to the Chief Judge for reassignment to a different magistrate judge. Ordered by Magistrate Judge Cheryl R. Zwart. (JAB)
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Filing
279
ORDER granting 278 Motion to Withdraw Document. 241 Motion for Protective Order and 256 Motion for Sanctions are withdrawn; 257 Motion to Restrict pursuant to the E-Government Act is granted; and 262 Motion for Protective Order is denied as moot. A telephonic conference with the undersigned magistrate judge will be held on October 25, 2017 at 1:30 p.m. to discuss further case progression. Ordered by Magistrate Judge Cheryl R. Zwart. (Zwart, Cheryl)
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Filing
272
MEMORANDUM AND ORDER. Ordered by Magistrate Judge Cheryl R. Zwart. (Zwart, Cheryl)
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Filing
225
ORDER - The stay is proceedings is lifted. Plaintiffs' amended complaint shall be filed on or before March 10, 2017. Defendants' answer or response shall be filed on or before March 30, 2017. The parties' proposed order for further pro gression of this case shall be submitted to the court on or before March 20, 2017. Infogroup shall submit its Revised Narrowing and Clarification of Discovery Requests to Defendants by March 6, 2017, and Defendants shall advise Infogroup of objections to that discovery by March 30, 2017. If Defendants are not asserting any objections to Plaintiffs' discovery, Defendants' discovery responses shall be served by April 21, 2017. Ordered by Magistrate Judge Cheryl R. Zwart. (KLF)
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Filing
221
ORDER - Case progression is stayed pending further order of the court. Within ten (10) days after the court rules on the pending motion to dismiss and motion for summary judgment, the parties shall contact the undersigned magistrate judge's chambers to schedule a case progression conference. Ordered by Magistrate Judge Cheryl R. Zwart. (KLF)
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Filing
219
MEMORANDUM AND ORDER - IT IS ORDERED that the defendant's objection (filing 216 ) is overruled. Ordered by Judge John M. Gerrard. (TCL)
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Filing
214
ORDER -- Defendants' Motion to Disqualify Koley Jessen, (Filing No. 199) and Defendants' Motion for Leave to Provide Supplemental Evidence and Leave to Disclose Documents, (Filing No. 205) are denied. Ordered by Magistrate Judge Cheryl R. Zwart. (BHC)
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Filing
180
ORDER - After conferring with counsel,1) Defendants' motion for summary judgment on threshold issues of law which may impact the scope of this case and its discovery processes shall be filed on or before December 23, 2015. A response and any reply shall be filed in accordance with the deadlines set by the court's local rules.2) Defendants motion to extend deadlines, (Filing No. 169 ), is granted. The parties shall confer and on or before December 23, 2015, they shall submit their joint (or respective) proposed amended progression schedule for the court's consideration. Ordered by Magistrate Judge Cheryl R. Zwart. (JAB)
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Filing
171
ORDER - The motion to withdraw filed by Mark C. Laughlin, as counsel of record for Defendants Jason Dailey, DatabaseUSA.com LLC, Vinod Gupta, Jon McCormick, Mark Puljan, Blake Van Gilder, Counter Claimant DatabaseUSA.com LLC (filing No. 170 ), is granted. Ordered by Magistrate Judge Cheryl R. Zwart. (JAB)
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Filing
159
ORDER - The motion to permit Ari N. Rothman to withdraw as counsel on behalf of Plaintiffs InfoGroup, Inc., infoUSA, Inc., and infoUSA Marketing, Inc, (filing no. 158 ), is granted. Ordered by Magistrate Judge Cheryl R. Zwart. (JAB)
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Filing
140
ORDER on 125 Motion to Compel. A telephonic status conference to discuss the parties' ongoing discovery efforts will be held at 1:00 p.m. on October 2, 2015, before the undersigned magistrate judge. Counsel shall use the call-in information assigned to this case (see Filing No. 137 ) to participate in the conference. Ordered by Magistrate Judge Cheryl R. Zwart. (Zwart, Cheryl)
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Filing
129
ORDER that the Stipulated Motion for Dismissal Without Prejudice of Defendant Blake Van Gilder 128 is granted. All claims asserted between the plaintiffs and Blake Van Gilder are dismissed without prejudice. The parties shall bear their own costs and fees with respect to those claims. Blake Van Gilder is terminated as a party to this case. Ordered by Judge John M. Gerrard. (MLF, )
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Filing
122
ORDER granting 119 Motion to Extend. Ordered by Magistrate Judge Cheryl R. Zwart. (Zwart, Cheryl)
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Filing
112
ORDER that on or before July 6, 2015, attorney Alan D. Sege, shall pay the assessment or show cause by written affidavit why he cannot comply with the rules of the court. Failure to comply with this order will result in the court removing Alan D. Sege as counsel of record in this case.Ordered by Magistrate Judge Cheryl R. Zwart. (MLF, )
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Filing
43
ORDER granting 42 Oral Motion to continue. A hearing on plaintiffs' 12 Motion for Preliminary Injunction is scheduled for June 20, 2014, to commence at 9:30 a.m. in Courtroom 1, Robert V. Denney Federal Building, 100 Centennial Mall N orth, Lincoln, Nebraska. The hearing previously scheduled for May 30, 2014, is canceled. The parties shall deliver to the Court, on or before 5 p.m. on June 16, 2014, copies of any additional exhibits to be presented at the June 20 hearing. Ordered by Judge John M. Gerrard. (ADB)
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Filing
38
ORDER that Attorney Matthew Noren has a pending case in this court and has not paid the 2013/2014 Attorney Assessment. Within 30 days from the date of this order, Mr. Noren is directed to pay the $20.00 fee or show cause why he is unable to do so. Show Cause Deadline set for 6/23/2014. Ordered by Chief Judge Laurie Smith Camp. (MTB)
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Filing
29
STIPULATED PROTECTIVE ORDER. Ordered by Magistrate Judge Cheryl R. Zwart. (TCL )
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