ImageKeeper LLC v. Wright National Flood Insurance Services LLC
Plaintiff: ImageKeeper LLC
Defendant: Wright National Flood Insurance Services LLC
Case Number: 2:2020cv01470
Filed: August 6, 2020
Court: US District Court for the District of Nevada
Presiding Judge: Cam Ferenbach
Referring Judge: Gloria M Navarro
Nature of Suit: Contract: Other
Jury Demanded By: Plaintiff
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Docket Report

This docket was last retrieved on March 29, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 2, 2020 Opinion or Order Filing 63 Submission of PROPOSED ORDER on #60 Declaration, #62 Motion to Seal by Plaintiff ImageKeeper LLC. (Johnson, H.)
October 2, 2020 Opinion or Order Filing 62 MOTION to Seal #60 Declaration by Plaintiff ImageKeeper LLC. (Johnson, H.)
October 2, 2020 Opinion or Order Filing 60 DECLARATION of Jerry Speasl re #2 Motion for TRO by Plaintiff ImageKeeper LLC. (Johnson, H.)
September 23, 2020 Opinion or Order Filing 59 MOTION to Dismiss #1 Complaint,, by Defendant Wright National Flood Insurance Services LLC. Responses due by 10/7/2020. (Heidtke, Daniel)
September 23, 2020 Opinion or Order Filing 58 ORDER Granting #2 Motion for Preliminary Injunction. See Order for details. Signed by Judge Gloria M. Navarro on 9/23/2020. (Copies have been distributed pursuant to the NEF - MR)
September 23, 2020 Opinion or Order Filing 57 ORDER Granting #54 Verified Petition for Permission to Practice Pro Hac Vice for Attorney Daryl Stuart Bartow for Wright National Flood Insurance Services LLC and approving Designation of Local Counsel Daniel B Heidtke. Signed by Judge Gloria M. Navarro on 9/23/2020. Any Attorney not yet registered with the Court's CM/ECF System shall submit a Registration Form on the Court's website #www.nvd.uscourts.gov(Copies have been distributed pursuant to the NEF - MR)
September 23, 2020 Opinion or Order Filing 56 ORDER Granting #53 Verified Petition for Permission to Practice Pro Hac Vice for Attorney Terry W. Ahearn for Wright National Flood Insurance Services LLC and approving Designation of Local Counsel Daniel B Heidtke. Signed by Judge Gloria M. Navarro on 9/23/2020. Any Attorney not yet registered with the Court's CM/ECF System shall submit a Registration Form on the Court's website #www.nvd.uscourts.gov(Copies have been distributed pursuant to the NEF - MR)
September 23, 2020 Opinion or Order Filing 55 MINUTES OF PROCEEDINGS - Motion Hearing held on 9/23/2020 before Judge Gloria M. Navarro. Crtrm Administrator: Aaron S Blazevich; Pla Counsel: H. Stan Johnson, Colby Springer, Steven Cohen, Barrington Dyer, Teri Nguyen, and Miya Yusa, all appearing via Zoom videoconference; Def Counsel: Daniel Heidtke, Stuart Bartow, and Terrry Ahearn, all appearing via Zoom videoconference; Time of Hearing: 10:24 a.m. - 12:03 p.m.; Electronic Court Recorder Operator: Araceli Bareng; Courtroom: 7D; The Court makes preliminary statements and hears representations from counsel. The Court admonishes the parties and public regarding audio and video proceedings. The Court GRANTS the #53 and #54 Pro Hac Vice applications filed by Terry Ahearn and Stuart Bartow on behalf of the Defendant. The Court makes representations and poses questions to the parties. The Court hears remarks from attorney Colby Springer on behalf of Plaintiff. Mr. Bartow and Mr. Ahearn make remarks on behalf of Defendant. The Court makes findings as stated on the record. IT IS HEREBY ORDERED that Plaintiffs Motion for Preliminary Injunction, (ECF No. #2 ), is GRANTED. Defendant is RESTRAINED from: (1) misappropriating, using, and disclosing Plaintiff ImageKeeper LLCs confidential information and proprietary trade secrets; and (2) breaching the Software and Services Agreement entered into by and between Defendant and Plaintiff ImageKeeper LLC (including various other terms and obligations merged therein) by offering a competing software application copied from Plaintiff ImageKeeper LLCs confidential and proprietary technology.IT IS FURTHER ORDERED that #4 Motion to Seal is DENIED without prejudice. IT IS FURTHER ORDERED that Plaintiff shall file an unredacted version of the Declaration of Jerry Speasl, (ECF No. #6 ), by October 2, 2020. Plaintiff may submit a motion for leave to file the Declaration under seal at that that time. IT IS FURTHER ORDERED that the #43 and #47 MOTIONS to Seal are GRANTED. Written order shall follow. Court adjourns.(no image attached) (Copies have been distributed pursuant to the NEF - ASB)
September 23, 2020 Opinion or Order Filing 54 MOTION/VERIFIED PETITION for Permission to Practice Pro Hac Vice by Daryl Stuart Bartow and DESIGNATION of Local Counsel Daniel B Heidtke (Filing fee $250) by Defendant Wright National Flood Insurance Services LLC. (MR)
September 23, 2020 Opinion or Order Filing 53 MOTION/VERIFIED PETITION for Permission to Practice Pro Hac Vice by Terry W Ahearn and DESIGNATION of Local Counsel Daniel B Heidtke (Filing fee $250) by Defendant Wright National Flood Insurance Services LLC. (MR) (Main Document 53 replaced on 9/23/2020) (MR).
September 23, 2020 Opinion or Order Filing 52 MINUTE ORDER IN CHAMBERS of the Honorable Judge Gloria M. Navarro on 9/23/2020. By Deputy Clerk: Aaron Blazevich.Due to a technological issue with the Court's courtroom technology, the Court is hereby notifying the public that should they wish to listen to the hearing set for today's date, they must call the following number:1 (669) 254-5252Meeting ID: 160 247 4325Passcode: 505078 (no image attached) (Copies have been distributed pursuant to the NEF - ASB)
September 18, 2020 Opinion or Order Filing 51 MINUTE ORDER IN CHAMBERS of the Honorable Judge Gloria M. Navarro on 9/18/2020. Pending before the Court is Plaintiff's #37 Motion for Leave to File Excess Pages with respect to its #40 Reply in Support of the Motion for Preliminary Injunction. Good cause appearing, IT IS HEREBY ORDERED that Plaintiff's #37 Motion for Leave to File Excess Pages is GRANTED. (no image attached) (Copies have been distributed pursuant to the NEF - ME)
September 14, 2020 Opinion or Order Filing 50 ERRATA to #40 Reply re #2 Motion for TRO by Plaintiff ImageKeeper LLC. (Attachments: #1 Corrected Reply) (Dyer, Barrington) Modified on 9/14/2020 pursuant to LR IC 2-2(d) (DKJ).
September 14, 2020 Opinion or Order Filing 49 MINUTE ORDER IN CHAMBERS of the Honorable Judge Gloria M. Navarro Setting Video Hearing on 9/14/2020. By Deputy Clerk: Aaron S Blazevich. (Copies have been distributed pursuant to the NEF - ASB)
September 11, 2020 Opinion or Order Filing 48 Submission of PROPOSED ORDER on #47 Motion to Seal by Plaintiff ImageKeeper LLC. (Johnson, H.)
September 11, 2020 Opinion or Order Filing 47 MOTION to Seal #45 Declaration by Plaintiff ImageKeeper LLC. (Johnson, H.)
September 11, 2020 Opinion or Order Filing 45 Supplemental DECLARATION of Jerry Speasl re #40 Reply by Plaintiff ImageKeeper LLC. (Attachments: #1 Exhibit 3, #2 Exhibit 4, #3 Exhibit 5, #4 Exhibit 6) (Johnson, H.)
September 11, 2020 Opinion or Order Filing 44 Submission of PROPOSED ORDER on #43 Motion to Seal by Plaintiff ImageKeeper LLC. (Johnson, H.)
September 11, 2020 Opinion or Order Filing 43 MOTION to Seal #41 Declaration by Plaintiff ImageKeeper LLC. (Johnson, H.)
September 11, 2020 Opinion or Order Filing 41 DECLARATION of Michael Patterson re #40 Reply by Plaintiff ImageKeeper LLC. (Johnson, H.)
September 11, 2020 Opinion or Order Filing 40 REPLY to #29 Response to #2 Motion for TRO by Plaintiff ImageKeeper LLC. (Johnson, H.)
September 11, 2020 Opinion or Order Filing 39 REPLY to Response to #4 Motion to Seal by Plaintiff ImageKeeper LLC. (Johnson, H.)
September 8, 2020 Opinion or Order Filing 38 CERTIFICATE of Interested Parties by ImageKeeper LLC. There are no known interested parties other than those participating in the case (Johnson, H.)
September 8, 2020 Opinion or Order Filing 37 MOTION for Leave to File Excess Pages by Plaintiff ImageKeeper LLC. (Johnson, H.)
September 4, 2020 Opinion or Order Filing 36 CERTIFICATE of Interested Parties by Wright National Flood Insurance Services LLC that identifies all parties that have an interest in the outcome of this case. Corporate Parent Brown & Brown, Inc. for Wright National Flood Insurance Services LLC added. (Heidtke, Daniel)
September 4, 2020 Opinion or Order Filing 35 RESPONSE to #4 Motion to Seal by Defendant Wright National Flood Insurance Services LLC. Replies due by 9/11/2020. (Heidtke, Daniel)
August 28, 2020 Opinion or Order Filing 34 EXHIBIT E and F to #32 Declaration by Defendant Wright National Flood Insurance Services LLC. (Attachments: #1 Exhibit F) (Heidtke, Daniel)
August 28, 2020 Opinion or Order Filing 33 EXHIBIT D to #32 Declaration by Defendant Wright National Flood Insurance Services LLC. (Heidtke, Daniel)
August 28, 2020 Opinion or Order Filing 32 DECLARATION of Daniel B. Heidtke re #29 Response by Defendant Wright National Flood Insurance Services LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C) (Heidtke, Daniel)
August 28, 2020 Opinion or Order Filing 31 DECLARATION of Robert Zeidman re #29 Response by Defendant Wright National Flood Insurance Services LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Proof of Service) (Heidtke, Daniel)
August 28, 2020 Opinion or Order Filing 30 DECLARATION of Tim Love in Support of Wright Flood's Response re #29 Response by Defendant Wright National Flood Insurance Services LLC. (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) (Heidtke, Daniel)
August 28, 2020 Opinion or Order Filing 29 RESPONSE to #2 Motion for TRO by Defendant Wright National Flood Insurance Services LLC. (Heidtke, Daniel)
August 24, 2020 Opinion or Order Filing 28 ORDER Granting #27 Verified Petition for Permission to Practice Pro Hac Vice for Attorney Teri H.P. Nguyen for ImageKeeper LLC and approving Designation of Local Counsel H. Stan Johnson. Signed by Judge Gloria M. Navarro on 8/24/2020. Any Attorney not yet registered with the Court's CM/ECF System shall submit a Registration Form on the Court's website #www.nvd.uscourts.gov(Copies have been distributed pursuant to the NEF - MR)
August 18, 2020 Opinion or Order Filing 27 MOTION/VERIFIED PETITION for Permission to Practice Pro Hac Vice by (Teri) Hong-Phuc Xuan Nguyen and DESIGNATION of Local Counsel H. Stan Johnson (Filing fee $ 250 receipt number 0978-6132708) by Plaintiff ImageKeeper LLC. (Johnson, H.)
August 18, 2020 Opinion or Order Filing 26 ORDER Granting #23 Stipulation for Extension of Time re #15 Order (First Request). Responses due by 8/28/2020. Replies due by 9/11/2020. The Court will hold a hearing on #2 ImageKeeper's motion for preliminary injunction on 9/23/2020, at 10:00 AM in LV Courtroom 7D. Wright National Flood Insurance Services LLC answer due 9/23/2020. Signed by Judge Gloria M. Navarro on 8/18/2020. (Copies have been distributed pursuant to the NEF - MR)
August 17, 2020 Opinion or Order Filing 25 CERTIFICATE OF SERVICE for #15 Order on Motion for TRO,,, by Plaintiff ImageKeeper LLC. (Johnson, H.)
August 17, 2020 Opinion or Order Filing 24 SUMMONS Returned Executed by ImageKeeper LLC re #4 Motion to Seal, #2 Motion for TRO, #1 Complaint,, #10 Summons Issued, #6 Declaration. Wright National Flood Insurance Services LLC served on 8/10/2020. (Johnson, H.)
August 14, 2020 Opinion or Order Filing 23 STIPULATION FOR EXTENSION OF TIME (First Request) TO CONTINUE (First Request) Briefing, Hearing and Response re #15 Order on Motion for TRO,,, #1 Complaint,, by Defendant Wright National Flood Insurance Services LLC. (Attachments: #1 Proposed Order Proposed Order Granting Stipulation) (Heidtke, Daniel)
August 13, 2020 Opinion or Order Filing 22 ORDER Granting #19 Verified Petition for Permission to Practice Pro Hac Vice for Attorney Colby Brian Springer for ImageKeeper LLC and approving Designation of Local Counsel H. Stan Johnson. Signed by Judge Gloria M. Navarro on 8/13/2020. Any Attorney not yet registered with the Court's CM/ECF System shall submit a Registration Form on the Court's website #www.nvd.uscourts.gov(Copies have been distributed pursuant to the NEF - MR)
August 13, 2020 Opinion or Order Filing 21 ORDER Granting #18 Verified Petition for Permission to Practice Pro Hac Vice for Attorney Miya Yusa for ImageKeeper LLC and approving Designation of Local Counsel H. Stan Johnson. Signed by Judge Gloria M. Navarro on 8/13/2020. Any Attorney not yet registered with the Court's CM/ECF System shall submit a Registration Form on the Court's website #www.nvd.uscourts.gov(Copies have been distributed pursuant to the NEF - MR)
August 13, 2020 Opinion or Order Filing 20 ORDER Granting #14 Verified Petition for Permission to Practice Pro Hac Vice for Attorney Barrington E Dyer for ImageKeeper LLC and approving Designation of Local Counsel H. Stan Johnson. Signed by Judge Gloria M. Navarro on 8/13/2020. Any Attorney not yet registered with the Court's CM/ECF System shall submit a Registration Form on the Court's website #www.nvd.uscourts.gov (Copies have been distributed pursuant to the NEF - MR)
August 13, 2020 Opinion or Order Filing 19 MOTION/VERIFIED PETITION for Permission to Practice Pro Hac Vice by Colby B. Springer and DESIGNATION of Local Counsel H. Stan Johnson (Filing fee $ 250 receipt number 0978-6126712) by Plaintiff ImageKeeper LLC. (Johnson, H.)
August 13, 2020 Opinion or Order Filing 18 MOTION/VERIFIED PETITION for Permission to Practice Pro Hac Vice by Miya Yusa and DESIGNATION of Local Counsel H. Stan Johnson (Filing fee $ 250 receipt number 0978-6126699) by Plaintiff ImageKeeper LLC. (Johnson, H.)
August 13, 2020 Opinion or Order Filing 17 NOTICE of Corrected Image/Document re #14 Motion for Permission to Practice Pro Hac Vice - Verified Petition by Plaintiff ImageKeeper LLC. (Service of corrected image is attached.) (Johnson, H.)
August 12, 2020 Opinion or Order Filing 16 MINUTE ORDER IN CHAMBERS of the Honorable Judge Gloria M. Navarro on 8/12/2020. ORDER deferring ruling on #14 Verified Petition for Permission to Practice Pro Hac Vice and Designation of Local Counsel as INCOMPLETE. Counsel is directed to READ and COMPLY with the Local Rules of Practice for the United States District Court, District of Nevada, LR IA 11-2, "Admission to Practice in a Particular Case."IT IS HEREBY ORDERED that on page 5, "Appointment of Designated Resident Nevada Counsel," an agent on behalf of Plaintiff ImageKeeper LLC, who is not the petitioner or resident counsel, is directed to sign his or her name on the signature line.Counsel shall have until August 19, 2020, to correct the deficiencies by filing the CORRECTED Verified Petition using the "Notice of Corrected Image/Document" event. Failure to timely remedy the deficiencies WILL result in the denial of the Verified Petition and counsel's requirement to repay the filing fee. (no image attached) (Copies have been distributed pursuant to the NEF - ME)
August 12, 2020 Opinion or Order Filing 15 ORDER Granting #2 Motion for Temporary Restraining Order. Plaintiff shall serve Defendant a copy of this order by 8/13/2020. Responses due by 8/19/2020. Replies due by 8/24/2020. A hearing is set on this matter for 8/26/2020 at 02:00 PM in LV Courtroom 7D before Judge Gloria M. Navarro. Signed by Judge Gloria M. Navarro on 8/11/2020. (Copies have been distributed pursuant to the NEF - DRS)
August 11, 2020 Opinion or Order Filing 14 VIEW #17 corrected image re MOTION/VERIFIED PETITION for Permission to Practice Pro Hac Vice by Barrington E. Dyer and DESIGNATION of Local Counsel H. Stan Johnson (Filing fee $ 250 receipt number 0978-6121375) by Plaintiff ImageKeeper LLC. (Johnson, H.) Modified on 8/13/2020 (DKJ).
August 10, 2020 Opinion or Order Filing 13 DECLARATION of H. Stan Johnson re 12 Minute Order,,,, by Plaintiff ImageKeeper LLC. (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) (Johnson, H.)
August 7, 2020 Opinion or Order Filing 12 MINUTE ORDER IN CHAMBERS of the Honorable Judge Gloria M. Navarro on 8/7/2020. Pending before the Court is Plaintiff's Emergency Motion for Ex Parte Temporary Restraining Order, Preliminary Injunction, (ECF No. #2 ). Under Federal Rule of Civil Procedure 65(b)(1), "[t]he court may issue a temporary restraining order without written or oral notice to the adverse party or its attorney only if: (A) specific facts in an affidavit or a verified complaint clearly show that immediate and irreparable injury, loss, or damage will result to the movant before the adverse party can be heard in opposition; and (B) the movant's attorney certifies in writing any efforts made to give notice and the reasons why it should not be required." Here, Plaintiff's Motion does not sufficiently address these requirements. Accordingly, IT IS HEREBY ORDERED that Plaintiff shall have until August 14, 2020, to either serve Defendant with a copy of the Motion and Complaint, or file a supplement justifying Plaintiff's request for the Court to address its Motion for Temporary Restraining Order on an ex parte basis.(no image attached) (Copies have been distributed pursuant to the NEF - ME)
August 7, 2020 Opinion or Order Filing 11 STANDING ORDER. This case has been assigned to the Honorable Judge Gloria M. Navarro. Judge Navarro's Chambers Practices, which are posted on the U.S. District Court, District of Nevada public website, may also be accessed directly via this hyperlink #www.nvd.uscourts.gov. (Copies have been distributed pursuant to the NEF - DKJ)
August 7, 2020 Opinion or Order Filing 10 Summons Issued as to Wright National Flood Insurance Services LLC re #1 Complaint. (MR)
August 7, 2020 Opinion or Order Filing 9 NOTICE TO COUNSEL PURSUANT TO LOCAL RULE IA 11-2. Counsel Barrington E Dyer, Colby Brian Springer, Miya Yusa, and Teri H.P. Nguyen to comply with completion and filing of the Verified Petition and Designation of Local Counsel. For your convenience, click on the following link to obtain the form from the Court's website - #www.nvd.uscourts.gov. Upon approval of the Verified Petition, counsel is required to register for the Court's Case Management and Electronic Case Filing (CM/ECF) system and the electronic service of documents. Please visit the Court's website www.nvd.uscourts.gov to register Attorney. Verified Petition due by 8/21/2020. (no image attached) (MR)
August 6, 2020 Opinion or Order Case randomly assigned to Judge Gloria M. Navarro and Magistrate Judge Cam Ferenbach. ***Emergency motion previously filed in case.*** (MR)
August 6, 2020 Opinion or Order Filing 6 DECLARATION of Jerry Speasl re #2 Motion for TRO by Plaintiff ImageKeeper LLC. (Johnson, H.)
August 6, 2020 Opinion or Order Filing 5 Submission of PROPOSED ORDER on #4 Motion to Seal by Plaintiff ImageKeeper LLC. (Johnson, H.)
August 6, 2020 Opinion or Order Filing 4 MOTION to Seal by Plaintiff ImageKeeper LLC. (Johnson, H.)
August 6, 2020 Opinion or Order Filing 3 Submission of PROPOSED ORDER on #2 Motion for TRO by Plaintiff ImageKeeper LLC. (Johnson, H.)
August 6, 2020 Opinion or Order Filing 2 Emergency MOTION for Temporary Restraining Order by Plaintiff ImageKeeper LLC. (Johnson, H.)
August 6, 2020 Opinion or Order Filing 1 COMPLAINT against ImageKeeper LLC (Filing fee $400 receipt number 0978-6116451) by ImageKeeper LLC. Proof of service due by 11/4/2020. (Attachments: #1 Civil Cover Sheet, #2 Summons, #3 Exhibit Exhibit A, #4 Exhibit Exhibit B, #5 Exhibit Exhibit C) (Johnson, H.) NOTICE of Certificate of Interested Parties requirement: Under Local Rule 7.1-1, a party must immediately file its disclosure statement with its first appearance, pleading, petition, motion, response, or other request addressed to the court.

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Plaintiff: ImageKeeper LLC
Represented By: H. Stan Johnson
Represented By: Barrington Dyer
Represented By: Miya Yusa
Represented By: Steven Barry Cohen
Represented By: Colby Brian Springer
Represented By: Teri H.P. Nguyen
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Defendant: Wright National Flood Insurance Services LLC
Represented By: Dominica C. Anderson
Represented By: Terry W. Ahearn
Represented By: Daryl Stuart Bartow
Represented By: Daniel B Heidtke
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