Consist Software Solutions Inc. v. Software AG, Inc. et al
| Consist Software Solutions Inc. |
| Software AG and Software AG, Inc. |
| 1:2007cv07047 |
| August 7, 2007 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| New York |
| Colleen McMahon |
| Contract: Other |
| 28 U.S.C. § 1332 nr |
| Plaintiff |
Docket Report
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| Filing 64 Costs Taxed as to #63 USCA Mandate, USCA Case Number 08-0293-cv. in the amount of $579.80. Docketed as Judgment #09,0769 on 4/28/2009 in favor of Appellees Software AG and Software AG Inc. against Appellants Consist Software Solutions, Inc.. (nd) |
| Filing 63 MANDATE of USCA (Certified Copy) as to #61 Notice of Appeal filed by Consist Software Solutions Inc. USCA Case Number 08-0293-cv. Ordered, Adjudged and Decreed that the judgment of the District Court is AFFIRMED. Catherine O'Hagan Wolfe, Clerk USCA. Issued As Mandate: 4/17/2009. (nd) |
| Transmission of USCA Mandate/Order to the District Judge re: #63 USCA Mandate,. (nd) |
| Filing 62 TRANSCRIPT of proceedings held on 12/12,17/07 before Judge Colleen McMahon. (es) |
| Filing 61 NOTICE OF APPEAL from #60 Consent Judgment. Document filed by Consist Software Solutions Inc.. Filing fee $ 455.00, receipt number E 638440. (nd) |
| Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for #37 Endorsed Letter,, #1 Notice of Removal, filed by Software AG, Software AG, Inc., #16 MOTION for John A. Basinger to Appear Pro Hac Vice. filed by Software AG, #43 Witness List filed by Software AG, Software AG, Inc., #21 Scheduling Order, #50 Witness List filed by Consist Software Solutions Inc., #17 Scheduling Order,,,, #13 Notice of Appearance filed by Software AG, Software AG, Inc., #34 Stipulation and Order, #25 Notice of Appearance filed by Software AG, Software AG, Inc., #59 Endorsed Letter, #35 Endorsed Letter, #14 Memorandum of Law, filed by Consist Software Solutions Inc., #9 Endorsed Letter, Set Deadlines/Hearings,, #5 Notice of Appearance filed by Consist Software Solutions Inc., #20 Memorandum of Law in Support of Motion filed by Software AG, Software AG, Inc., #53 Declaration in Support of Motion, filed by Consist Software Solutions Inc., #10 Request for Production of Documents filed by Consist Software Solutions Inc., #38 Endorsed Letter,, #7 Notice of Appearance filed by Consist Software Solutions Inc., #44 Witness List filed by Software AG, Software AG, Inc., #41 Witness List filed by Software AG, Software AG, Inc., #48 Declaration filed by Consist Software Solutions Inc., #42 Witness List filed by Software AG, Software AG, Inc., #45 Exhibit List filed by Software AG, Software AG, Inc., #27 Notice of Appearance filed by Software AG, Software AG, Inc., #46 Witness List filed by Software AG, Software AG, Inc., #30 Notice of Appearance filed by Software AG, Software AG, Inc., #28 Jury Demand filed by Consist Software Solutions Inc., #51 Objection (non-motion) filed by Consist Software Solutions Inc., #49 Proposed Findings of Fact filed by Consist Software Solutions Inc., #54 Memorandum of Law in Support of Motion filed by Consist Software Solutions Inc., #36 Order,,,,,,, #29 Certificate of Service Other filed by Consist Software Solutions Inc., #31 Protective Order, #15 Answer to Complaint, Counterclaim filed by Software AG, Software AG, Inc., #40 Witness List filed by Software AG, Software AG, Inc., #47 Declaration filed by Consist Software Solutions Inc., #4 Rule 7.1 Corporate Disclosure Statement filed by Consist Software Solutions Inc., #56 Brief, filed by Software AG, Software AG, Inc., #61 Notice of Appeal filed by Consist Software Solutions Inc., #18 Order on Motion to Appear Pro Hac Vice, #33 Order,,,,,,,,,,,, #26 Notice of Change of Address filed by Software AG, Software AG, Inc., #12 Brief filed by Software AG, Software AG, Inc., #32 Brief filed by Software AG, Software AG, Inc., #57 MOTION to Strike Certain Testimony of Natalio Fridman. filed by Software AG, Software AG, Inc., #39 Proposed Findings of Fact filed by Software AG, Software AG, Inc., #19 MOTION for Reconsideration re; #17 Scheduling Order,,,,. filed by Software AG, Software AG, Inc., #60 Consent Judgment, #58 Proposed Findings of Fact filed by Software AG, Software AG, Inc., #3 Notice of Appearance filed by Software AG, Software AG, Inc., #55 Witness List filed by Software AG, Software AG, Inc., #22 Order on Motion for Reconsideration,,, #11 MOTION for Pre-Trial. filed by Consist Software Solutions Inc., #24 Answer to Counterclaim filed by Consist Software Solutions Inc., #6 Notice of Appearance filed by Consist Software Solutions Inc., #8 Order for Initial Pretrial Conference,, #52 MOTION in Limine to Exclude Testimony of David A. MacSwain. filed by Consist Software Solutions Inc., #23 Endorsed Letter, #2 Rule 7.1 Corporate Disclosure Statement filed by Software AG, Software AG, Inc. were transmitted to the U.S. Court of Appeals. (nd) |
| Transmission of Notice of Appeal to the District Judge re: #61 Notice of Appeal. (nd) |
| Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #61 Notice of Appeal. (nd) |
| Filing 60 STIPULATION AND FINAL CONSENT JUDGMENT in favor of Software AG and Software AG, Inc. against Consist Software Solutions Inc., together with the Court's Findings of Fact, Conclusion of Lasw and Verdict, settling action pursuant to Fed. R. Civ. P. 54. (Signed by Judge Colleen McMahon on 12/21/07) (Attachments: #1 notice of right to appeal)(ml) Modified on 12/26/2007 (ml). |
| Filing 59 ENDORSED LETTER addressed to Judge Colleen McMahon from James David Jacobs dated 12/19/2007 re: Stipulation and Final Judgment.... ENDORSEMENT: With my addition, this is fine. (Signed by Judge Colleen McMahon on 12/20/2007) "The Clerk's Office Has Mailed Copies".(mde) |
| Filing 58 PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW. Document filed by Software AG, Inc., Software AG.(Jacobs, James) |
| Filing 57 MOTION to Strike Certain Testimony of Natalio Fridman. Document filed by Software AG, Inc., Software AG. (Attachments: #1 Exhibit A - Fridman Deposition Testimony, #2 Appendix Unreported Case)(Jacobs, James) |
| Filing 56 BRIEF re: #49 Proposed Findings of Fact Re Construction of Contracts Against the Drafter. Document filed by Software AG, Inc., Software AG. (Attachments: #1 Exhibit PX 41, #2 Exhibit Fridman Deposition Excerpts, #3 Appendix Unreported Cases)(Jacobs, James) |
| Filing 55 WITNESS LIST. Document filed by Software AG, Inc., Software AG.(Jacobs, James) |
| Filing 54 MEMORANDUM OF LAW in Support re: #52 MOTION in Limine to Exclude Testimony of David A. MacSwain.. Document filed by Consist Software Solutions Inc.. (Schaffer, Hyman) |
| Filing 53 DECLARATION of Hyman L. Schaffer in Support re: #52 MOTION in Limine to Exclude Testimony of David A. MacSwain.. Document filed by Consist Software Solutions Inc.. (Attachments: #1 Exhibit A1, #2 Exhibit A2, #3 Errata A3, #4 Exhibit B, #5 Exhibit C)(Schaffer, Hyman) |
| Filing 52 MOTION in Limine to Exclude Testimony of David A. MacSwain. Document filed by Consist Software Solutions Inc.. (Attachments: #1 Certificate of Service)(Schaffer, Hyman) |
| Filing 51 Objection to Defendant Software AG Inc. and Software AG's Proposed Exhibit List. Document filed by Consist Software Solutions Inc.. (Attachments: #1 Certificate of Service)(Schaffer, Hyman) |
| Filing 50 WITNESS LIST. Document filed by Consist Software Solutions Inc..(Schaffer, Hyman) |
| Filing 49 PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW. Document filed by Consist Software Solutions Inc..(Schaffer, Hyman) |
| Filing 48 DECLARATION of James Daly. Document filed by Consist Software Solutions Inc.. (Schaffer, Hyman) |
| Filing 47 DECLARATION of Natalio S. Fridman. Document filed by Consist Software Solutions Inc.. (Schaffer, Hyman) |
| Filing 46 WITNESS LIST. Document filed by Software AG, Inc., Software AG.(Jacobs, James) |
| Filing 45 Exhibit List Objections. Document filed by Software AG, Inc., Software AG.(Jacobs, James) |
| Filing 44 WITNESS LIST. Document filed by Software AG, Inc., Software AG. (Attachments: #1 Affidavit Expert Report)(Jacobs, James) |
| Filing 43 WITNESS LIST. Document filed by Software AG, Inc., Software AG.(Jacobs, James) |
| Filing 42 WITNESS LIST. Document filed by Software AG, Inc., Software AG.(Jacobs, James) |
| Filing 41 WITNESS LIST. Document filed by Software AG, Inc., Software AG.(Jacobs, James) |
| Filing 40 WITNESS LIST. Document filed by Software AG, Inc., Software AG.(Jacobs, James) |
| Filing 39 PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW. Document filed by Software AG, Inc., Software AG.(Jacobs, James) |
| Filing 38 ENDORSED LETTER addressed to Judge Colleen McMahon from Hyman L. Schaffer dated 11/27/2007 re: The purpose of this letter is to show that Defendants' purported notices are legally insufficient and that, even if the notices were adequate, there would be no connection between them and the discovery Defendants seek... ENDORSEMENT: NO MORE LETTERS! I will not read them...That issue is for trial I ruled last night.. (Signed by Judge Colleen McMahon on 11/28/2007) "The Clerk's Office Has Mailed Copies".(mde) |
| Filing 37 ENDORSED LETTER addressed to Judge Colleen McMAhon from James D. Jacobs dated 11/27/2007 re: We write on behalf of defendants Software AG andSoftware AG, Inc.. to comply with Your Honor's Nov. 26, 2007 "Response to Correspondence".... ENDORSEMENT: The financial information sought has no relevance whatsoever to the contract interpretation issue. To the extent you have declared Consist to be in default, you (or your client) of course already have the necessary evidence-otherwise, your default notice was sent in bad faith, application denied... (Signed by Judge Colleen McMahon on 11/27/2007) "The Clerk's Office Has Mailed Copies".(mde) |
| Filing 36 RESPONSE TO CORRESPONDENCE: As I am presently on trial, I must respond to the most recent correspondence in writing. The issue to be tried next month is whether Consist will continue as a distributor for Software AG products after January 1, 2008, or whether Software AG has succeeded in terminating the parties contractual relationship. Software AG has argued that, even if I agree with Consists interpretation of Sections 1 and 7 of the Agreement (the nonrenewal interpretation), Consist has committed material breaches of contract, such that the Agreement can be terminated under New York law. I thus disagree with Consists repeated insistence that the only issue to be tried is the contract interpretation question; the question of whether the contract has been terminated is broader than the issue of non-renewal. By 2 PM tomorrow, Software AG must identify, in writing, any and every instance of material breach that (in its view) justifies termination of the contract. Software AG must also identify, and provide the court with a copy of, any document that allegedly constitutes notice of the breach, thereby triggering the contractual day cure period. Absent that information, there is no way that I can rule on the parties rather uninformative and incomprehensible arguments about the relevance of financial statements. If Software AG thinks it has provided this information previously, I am constrained to disagree. I have been repeatedly sent long letters identifying particular breaches as Among the breaches claimed by Software AG, but I have never been given a comprehensive list of what those breaches are. I want a final and binding list of the alleged breaches and I want it now. (Signed by Judge Colleen McMahon on 11/26/2007) "The Clerk's Office Has Mailed Copies".(mde) |
Filing 35
ENDORSED LETTER addressed to Judge Colleen McMahon from James Jacobs dated 11/7/07 re: Request for a Rule 26(c) protective order from the defective subpoena and untimely depositon notice served by plaintiff Karl-Heinz Steibich. ENDORSEMENT: I have just returned from being away for 5 days. I assume the deposition went forward. I deny the protective order applicaiton. (Signed by Judge Colleen McMahon on 11/13/07) (cd)
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| Filing 34 STIPULATION REGARDING CONDUCT OF DECEMBER 12/07 BENCH TRIAL that Consist and SAG each waives its right to a trial by jury of any claims triable by jury in this action and each agrees that all issues shall be tried by the Court without a jury. Consist dismisses with prejudice Counts I, III, IV, V, VIII, IX, X, XI, and XII of its Complaint, and as further set forth in this document. (Signed by Judge Colleen McMahon on 10/31/07) (cd) |
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Filing 33
MEMORANDUM ORDER: After reading the briefs submitted by the parties pursuant to my order of October 19, I rule as follows:(1) Plaintiff cannot rely on any presumption that the loss of an exclusive distributorship will work an irreparable injury. Plaintiff is clearly reading far too much into the decisions cited in its memorandum in support of the motion for a preliminary injunction. I will discuss but one example, since it is a case with which I am intimately familiar: Subaru Distributors Corp. v. Subaru of America, Inc., 47 F. Supp. 2d 451 (S.D.N.Y. 1999). In case it is not apparent from the name of the party plaintiff, the plaintiff who moved for a preliminary injunction in that case had but one business it was the exclusive distributor of Subarus to dealers in New York and New Jersey. Being cut off by Subaru of America would have obliterated its business. That plaintiff would be irreparably harmed by the loss of its exclusive distributorship was obvious so much so that the defendant did not bother to contest the point. Even so, plaintiff did not obtain injunctive relief, because termination was not imminent. Plaintiff must prove irreparable injury. I understand from plaintiffs memorandum that business related to the agreement with Software AG constitutes 90% of Consists business in the Territory (seven South American countries) where it holds the distributorship. I have no idea whether all or substantially all of Consists business is in South America; if it is not, I have no idea how much of Consists business will be affected by the termination, assuming that termination was properly effected. It may be that very little of Consists overall business will suffer in which case, the injury cannot be deemed irreparable. Since plaintiff must PROVE irreparable injury in order to obtain injunctive relief, defendant has the right to take discovery on the issue. Consist contends that money damages cannot fully compensate it for the harm it will suffer through the loss of its business, because its self-branded technology is dependent on the use of defendants software. Defendant is entitled to probe that assertion. (2) As for the current discovery dispute, I conclude that the source code is relevant to Software AGs defense that Consist will not suffer irreparable injury and is not privileged. Production is reasonably calculated to lead to the discovery of admissible evidence. It must, therefore, be produced. The court will require a stringent protective order as a condition of production. (3) Defendants end their brief with a request that Consist be held to its prior position and not be permitted to prove irreparable injury. That request is denied. In the alternative, defendants contend that they cannot be ready for the hearing on December 12. I reject that contention as well. I will not change the hearing date for any reason. This constitutes the decision and order of the court. (Signed by Judge Colleen McMahon on 10/24/2007) "Copies Sent By Chambers".(mde)
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| Filing 32 BRIEF in Opposition to Consist's Contention that Irreparable Harm May Be Presumed. Document filed by Software AG, Inc., Software AG. (Attachments: #1 Affidavit Declaration of John A. Basinger)(Jacobs, James) |
| Minute Entry for proceedings held before Judge Colleen McMahon : Telephone Conference held on 10/19/2007. Preliminary injunction hearing will be held on 12/12/2007. Plaintiff to fax letter brief citing cases for the position that termination of an exclusive distributorship constitutes per se irreparable harm. Opposition letter brief due by Tuesday at noon. (jar) |
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Filing 31
CONFIDENTIALITY ORDER AND STIPULATION...regarding procedures to be followed that shall govern the handling of confidential material....ENDORSEMENT: I will not consent to this-I refuse to seal papers filed in support of a motion for summary judgment on trial exhibits and I will not seal any opinions. (Signed by Judge Colleen McMahon on 10/19/07) (kco)
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| Filing 30 NOTICE OF APPEARANCE by Frank Michael Gasparo on behalf of Software AG, Inc., Software AG (Gasparo, Frank) |
| Filing 29 CERTIFICATE OF SERVICE of Jury Demand served on All parties on 10/16/07. Document filed by Consist Software Solutions Inc.. (Schaffer, Hyman) |
| Filing 28 DEMAND for Trial by Jury. Document filed by Consist Software Solutions Inc.(Schaffer, Hyman) |
| Filing 27 NOTICE OF APPEARANCE by Marcella Ballard on behalf of Software AG, Inc., Software AG (Ballard, Marcella) |
| Filing 26 NOTICE OF CHANGE OF ADDRESS by Marcella Ballard on behalf of Software AG, Inc., Software AG. New Address: Baker & McKenzie LLP, 1114 Avenue of the Americas, New York, NY, United States 10036, (212) 626-4100. (Ballard, Marcella) |
| Filing 25 NOTICE OF APPEARANCE by Frank Michael Gasparo on behalf of Software AG, Inc., Software AG (Gasparo, Frank) |
| Filing 24 ANSWER to Counterclaim. Document filed by Consist Software Solutions Inc.. (Attachments: #1 Certificate of Service)(Schaffer, Hyman) |
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Filing 23
ENDORSED LETTER addressed to Judge Colleen McMahon from Fran Jacobs and James Jacobs dated 10/4/07 re: counsel for both plaintiff and defendants request that the court clarify the Trial Notice and confirm that the Scheduling Order of September 26, 2007 remains the operative order. ENDORSEMENT: The notice you got today was an error. (Signed by Judge Colleen McMahon on 10/9/07) (dle)
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Filing 22
MEMORANDUM ORDER DENYING REQUEST FOR RECONSIDERATION AND RESPONDING TO SUGGESTION THAT DISCOVERY CANNOT BE COMPLETED IN TIME FOR A DECEMBER 12 TRIAL ON THE MERITS: I have received a motion for reconsideration of my September 26, 2007 scheduling order from counsel for defendants. The motion is denied. Defendants have misread my September 26 order. I do in fact find that paragraph 7 is ambiguous. In fact given paragraph 1, paragraph 7 makes very little sense at all, without regard to any parol evidence. The parol evidence. The parol evidence that I have thus far seen does not create the ambiguity; however, it may well explain the ambiguity. Discovery has to be expedited because a decision must be rendered before January 1, 2008. It matters not whether that decision is preliminary or permanent: It must be rendered on an expedited basis, and so the parties must take their discovery in an expedited manner. They should get to it. So Ordered.. (Signed by Judge Colleen McMahon on 10/4/07) (js)
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Filing 21
TRIAL NOTICE: Please take notice that the above captioned action has been scheduled for jury selection and trial before the Honorable Colleen McMahon, United States District Judge, on Wednesday, December 12, 2007 at 9:30 a.m. in Courtroom 21B, U. S. District Court, 500 Pearl Street, New York, New York, 10007..SO ORDERED: (Signed by Judge Colleen McMahon on 10/4/2007) "The Clerk's Office Has Mailed Copies".(mde)
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| Filing 20 MEMORANDUM OF LAW in Support re: #19 MOTION for Reconsideration re; #17 Scheduling Order,,,,.. Document filed by Software AG, Inc., Software AG. (Jacobs, James) |
| Filing 19 MOTION for Reconsideration re; #17 Scheduling Order,,,,. Document filed by Software AG, Inc., Software AG.(Jacobs, James) |
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Filing 18
ORDER FOR ADMISSION PRO HAC VICE ON WRITTEN granting #16 Motion for John Basinger to Appear Pro Hac Vice. IT IS HEREBY ORDERED that is admitted to practice pro hac vice as counsel for Software AG, Inc. and Software AG in the above captioned case in the U.S.D.C. S.D.N.Y. (Signed by Judge Colleen McMahon on 10/1/07) (tro)
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| Transmission to Attorney Admissions Clerk. Transmitted re: #18 Order on Motion to Appear Pro Hac Vice, to the Attorney Admissions Clerk for updating of Attorney Information. (tro) |
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Filing 17
SCHEDULING ORDER: I will conduct the trial beginning December 10, 2007. By December 3, 2007 at 5PM, the parties must serve on each other and file with the court (1) proposed finds of fact and conclusions of law; (2) direct testimony of witnesses under their control whom they intend to call; (3) copies of all exhibits they intend to introduce; and (4) a written list of objections to the exhibits that the other side intends to introduce. By November 27 at 5PM, the parties must exchange witness and exhibit lists. Discovery due by 11/16/2007. Any party who wants to designate an expert will have to explain to the court, in a letter, the subject about to which the expert would testify. Please so advise me by October 5, 2007. If I see the need for expert testimony, the expert must be designated, and his report provided, by November 1. It is my best guess that this trial will consume no more than two court days, given the narrowness of the issue. (Signed by Judge Colleen McMahon on 9/26/07) Copies By ECF To All Counsel.(tro)
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| CASHIERS OFFICE REMARK on #16 Motion to Appear Pro Hac Vice in the amount of $25.00, paid on 09/21/2007, Receipt Number 627771. (jd) |
| Filing 16 MOTION for John A. Basinger to Appear Pro Hac Vice. Document filed by Software AG. (jco) |
| Filing 15 ANSWER to Complaint., COUNTERCLAIM against Consist Software Solutions Inc.. Document filed by Software AG, Inc., Software AG.(Jacobs, James) |
| Filing 14 MEMORANDUM OF LAW Establishing That the Parties' Exclusive Distributorship Agreement Is An "Evergreen Contract" And Has Been Automatically Renewed For a Five Year Term Commencing On January 1, 2008. Document filed by Consist Software Solutions Inc.. (Attachments: #1 Exhibit 1#2 Exhibit 2#3 Exhibit 3)(Schaffer, Hyman) |
| ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DOCUMENT TYPE ERROR. Note to Attorney Hyman Loeb Schaffer to RE-FILE Document #11 MOTION for Pre-Trial. Use the document type Memorandum of Law(non-motion) found under the document list Other Answers. (KA) |
| Filing 13 NOTICE OF APPEARANCE by James David Jacobs on behalf of Software AG, Inc., Software AG (Jacobs, James) |
| Filing 12 BRIEF Regarding Contract Interpretation. Document filed by Software AG, Inc., Software AG. (Attachments: #1 Exhibit Distributorship Agreement)(Jacobs, James) |
| Filing 11 FILING ERROR - WRONG DOCUMENT TYPE SELECTED FROM MENU - MOTION for Pre-Trial (MEMORANDUM OF LAW). Document filed by Consist Software Solutions Inc. (Attachments: #1 Exhibit Exhibit 1#2 Exhibit Exhibit 2#3 Exhibit Exhibit 3)(Schaffer, Hyman) Modified on 9/13/2007 (KA). |
| Filing 10 REQUEST for Production of Documents.Document filed by Consist Software Solutions Inc.. (Attachments: #1 Affidavit Certificate of Service)(Damiano, Brian) |
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Filing 9
ENDORSED LETTER addressed to Judge Colleen McMahon from James David Jacobs dated 8/21/07 re: dfts requests that the time for dfts to answer, move or otherwise respond to the Complaint be extended to 9/21/07. ENDORSEMENT: Fine - So Ordered. (Signed by Judge Colleen McMahon on 8/23/07) (pl)
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Filing 8
ORDER SCHEDULING AN INITIAL PRETRIAL CONFERENCE: Counsel for all parties are directed to confer, complete and sign the attached "Civil Case Management Plan" and to fax it to the court within Thirty (30) Days. The parties are free to set their own deadlines as long as the plan provides for the completion of all discovery within six months of this order and the filing of a proposed "joint final-pretrial order," within forty-five days of the close of discovery. Initial Conference set for 9/28/2007 at 02:30 PM in Courtroom 21B, 500 Pearl Street, New York, NY 10007 before Judge Colleen McMahon. (Signed by Judge Colleen McMahon on 8/23/07) (tro)
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| Filing 7 NOTICE OF APPEARANCE by Brian Joseph Damiano on behalf of Consist Software Solutions Inc. (Damiano, Brian) |
| Filing 6 NOTICE OF APPEARANCE by Fran Marcia Jacobs on behalf of Consist Software Solutions Inc. (Jacobs, Fran) |
| Filing 5 NOTICE OF APPEARANCE by Hyman Loeb Schaffer on behalf of Consist Software Solutions Inc. (Schaffer, Hyman) |
| Filing 4 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. no Corporate Parent. Document filed by Consist Software Solutions Inc..(Schaffer, Hyman) |
| Filing 3 NOTICE OF APPEARANCE by James David Jacobs on behalf of Software AG, Inc., Software AG (Jacobs, James) |
| Filing 2 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Software AG as Corporate Parent. Document filed by Consist Software Solutions Inc.(jpo) Additional attachment(s) added on 8/21/2007 (Becerra, Maribel). |
| Filing 1 NOTICE OF REMOVAL from Supreme Court of the State of New York, County of New York. Case Number: 602644-07. (Filing Fee $ 350.00, Receipt Number 623077).Document filed by Software AG, Inc., Software AG.(jpo) Additional attachment(s) added on 8/21/2007 (Becerra, Maribel). |
| Magistrate Judge Frank Maas is so designated. (jpo) |
| Case Designated ECF. (jpo) |
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