Kudelski SA et al v. Comcast Cable Communications, LLC
| OpenTV, Inc. and Kudelski SA |
| Comcast Cable Communications, LLC |
| 1:2017cv08505 |
| November 3, 2017 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Paul A Engelmayer |
| Other Statutes: Arbitration |
| 28 U.S.C. § 2201 |
| None |
Docket Report
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Filing 26
ORDER OF DISCONTINUANCE: It is ORDERED that the above-entitled action is hereby dismissed and discontinued without costs, and without prejudice to the right to reopen the action within thirty days of the date of this Order if the settlement is not consummated; and as further set forth herein. The Clerk of Court is respectfully directed to close this case. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 11/30/2017) (anc)
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| Filing 25 LETTER addressed to Judge Paul A. Engelmayer from Jonathan D. Blattmachr dated November 29, 2017 re: Resolution of Dispute. Document filed by Comcast Cable Communications, LLC.(Blattmachr, Jonathan) |
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Filing 24
ORDER granting #22 Letter Motion for Extension of Time to Answer. In light of the Court's order today entering a preliminary injunction, it does not appear that an answer is necessary in this case. However, for avoidance of doubt, the Court grants the one week extension to November 30, 2017 in the event that defendant believes an answer remains relevant or required. Comcast Cable Communications, LLC answer due 11/30/2017 (Signed by Judge Paul A. Engelmayer on 11/21/2017) (cf)
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Filing 23
ORDER: The Court directed the parties to submit a joint letter setting out their views as to next steps in this matter. On November 14, 2017, the parties filed such a letter. Dkt. 17. (As further set forth in this Order.) Although the Court carefully resolved the claims before it in its November 7 ruling, the Court did so following highly expedited briefing and an emergency hearing. It is not inconceivable that the Court would reach a different outcome in the event of adifferently configured arbitration and a more measured schedule for briefing and resolution. The Court of course reserves judgment on any such issue pending filing and briefing of a motion to compel. (Signed by Judge Paul A. Engelmayer on 11/21/2017) (cf)
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| Filing 22 LETTER MOTION for Extension of Time to File Answer addressed to Judge Paul A. Engelmayer from Jonathan D. Blattmachr dated November 21, 2017. Document filed by Comcast Cable Communications, LLC.(Blattmachr, Jonathan) |
| Filing 21 LETTER addressed to Judge Paul A. Engelmayer from Jonathan M. Sperling dated November 20, 2017 re: Preliminary injunction. Document filed by Kudelski SA, OpenTV, Inc..(Thomas, Erin) |
| Filing 20 AFFIDAVIT OF SERVICE of Summons and Complaint. Comcast Cable Communications, LLC served on 11/3/2017, answer due 11/24/2017. Service was accepted by Jonathan Blattmachr. Document filed by Kudelski SA; OpenTV, Inc.. (Sperling, Jonathan) |
| Filing 19 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a decision proceeding held on 11/7/17 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly) |
| Filing 18 TRANSCRIPT of Proceedings re: decison held on 11/7/2017 before Judge Paul A. Engelmayer. Court Reporter/Transcriber: Paula Speer, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 12/6/2017. Redacted Transcript Deadline set for 12/18/2017. Release of Transcript Restriction set for 2/13/2018.(McGuirk, Kelly) |
| Filing 17 LETTER addressed to Judge Paul A. Engelmayer from Jonathan M. Sperling dated November 14, 2017 re: Meet and confer. Document filed by Kudelski SA, OpenTV, Inc..(Thomas, Erin) |
| Minute Entry for proceedings held before Judge Paul A. Engelmayer: Show Cause Hearing held on 11/7/2017. Jonathan Sperling & Erin Thomas present for Plaintiffs. Jonathan Blattmachr, Heather Faltin, David Silbert & Ajay Krishnan present for Defendant. Court reporter present. (ajs) |
| Filing 16 DECLARATION of Nicole Duclos in Support re: #3 Order to Show Cause,,,,,,,,,,, Set Deadlines,,,,,,,,,,. Document filed by Kudelski SA, OpenTV, Inc.. (Sperling, Jonathan) |
| Filing 15 DECLARATION of Mark Beriault in Support re: #3 Order to Show Cause,,,,,,,,,,, Set Deadlines,,,,,,,,,,. Document filed by Kudelski SA, OpenTV, Inc.. (Sperling, Jonathan) |
| Filing 14 REPLY MEMORANDUM OF LAW re: #3 Order to Show Cause,,,,,,,,,,, Set Deadlines,,,,,,,,,, Reply Memorandum of Law in Support of Application for Temporary Restraining Order and Preliminary Injunction Staying Arbitration. Document filed by Kudelski SA, OpenTV, Inc.. (Sperling, Jonathan) |
| Filing 13 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Comcast Corporation for Comcast Cable Communications, LLC. Document filed by Comcast Cable Communications, LLC.(Blattmachr, Jonathan) |
| Filing 12 DECLARATION of Ajay Krishnan in Opposition re: #3 Order to Show Cause,,,,,,,,,,, Set Deadlines,,,,,,,,,,. Document filed by Comcast Cable Communications, LLC. (Attachments: #1 Exhibit A-Demand for Arbitration, #2 Exhibit A-1, #3 Exhibit A-2, #4 Exhibit A-3, #5 Exhibit A-4, #6 Exhibit A-5, #7 Exhibit B-American Arbitration Association's International Dispute Resolution Procedures, #8 Exhibit C-Contribution Agreement, #9 Exhibit D-Patent Assignment Cover Sheet)(Blattmachr, Jonathan) |
| Filing 11 MEMORANDUM OF LAW in Opposition re: #3 Order to Show Cause,,,,,,,,,,, Set Deadlines,,,,,,,,,, . Document filed by Comcast Cable Communications, LLC. (Blattmachr, Jonathan) |
| Filing 10 DECLARATION of Judson Cary in Opposition re: #3 Order to Show Cause,,,,,,,,,,, Set Deadlines,,,,,,,,,,. Document filed by Comcast Cable Communications, LLC. (Attachments: #1 Exhibit A-Agreement)(Blattmachr, Jonathan) |
| Filing 9 NOTICE OF CHANGE OF ADDRESS by Jonathan Douglas Blattmachr on behalf of Comcast Cable Communications, LLC. New Address: Baker & Hostetler LLP, 45 Rockefeller Plaza, New York, New York, 10111, 212-589-4200. (Blattmachr, Jonathan) |
| Filing 8 NOTICE OF APPEARANCE by Jonathan Douglas Blattmachr on behalf of Comcast Cable Communications, LLC. (Blattmachr, Jonathan) |
| Filing 7 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Other Affiliate Kudelski SA for OpenTV, Inc.. Document filed by Kudelski SA, OpenTV, Inc..(Sperling, Jonathan) |
| Filing 6 DECLARATION of Erin E. Thomas in Support re: #3 Order to Show Cause, Set Deadlines,,,,,,,,,,,,,,,,,,,,. Document filed by Kudelski SA, OpenTV, Inc.. (Attachments: #1 Exhibit A - Email dated 11/2/2017, #2 Exhibit B - Copy of Complaint)(Sperling, Jonathan) |
| Filing 5 DECLARATION of Mark Beariault in Support re: #3 Order to Show Cause, Set Deadlines,,,,,,,,,,,,,,,,,,,,. Document filed by Kudelski SA, OpenTV, Inc.. (Attachments: #1 Exhibit 1 - Acknowledgement Form, #2 Exhibit 2 - Demand for Arbitration, #3 Exhibit 3 - SCM Microsystems Contribution Agreement, #4 Exhibit 4 - OpenTV Corp. Contribution Agreement, #5 Exhibit 5 - Certificate of Dissolution, #6 Exhibit 6 - Certificate of Incorporation, #7 Exhibit 7 - Certificate of Good Standing)(Sperling, Jonathan) |
| Filing 4 MEMORANDUM OF LAW in Support re: #3 Order to Show Cause, Set Deadlines,,,,,,,,,,,,,,,,,,,, . Document filed by Kudelski SA, OpenTV, Inc.. (Sperling, Jonathan) |
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Filing 3
ORDER TO SHOW CAUSE: It is hereby ORDERED that Defendant Comcast Cable Communications, LLC shall appear on the 7th day of November 7, 2017, at 10 a.m. before the Honorable Paul A. Engelmayer, at the United States Courthouse, 40 Centre St, New York, New York, in Courtroom 1305, to show cause why the Court should not issue an order pursuant to Federal Rule of Civil Procedure 65 enjoining Defendant during the pendency of this action from maintaining the arbitration it has commenced against Plaintiffs under the auspices of the International Centre for Dispute Resolution, a division of the American Arbitration Association, in New York, New York, case number 01-17-0005-7632, and staying that arbitration as it relates to Plaintiffs. It is further ORDERED that sufficient reason having been shown, pending the hearing of Plaintiffs' application for a preliminary injunction, pursuant to Federal Rule of Civil Procedure 65, Defendant is temporarily restrained and enjoined from maintaining the arbitration against Plaintiffs described herein, and the arbitration proceedings are temporarily stayed as they relate to Plaintiffs, until the hearing and determination of Plaintiffs' application for a preliminary injunction or until this temporary restraining order is dissolved by order of the Court. It is further ORDERED that Defendant's papers in opposition, if any, to Plaintiffs' application for a preliminary injunction must be filed and served electronically on Plaintiffs' counsel, Jonathan M. Sperling, Esq. of Covington & Burling LLP (jsperling@cov.com) no later than the 6th day of November, 2017, by noon. It is further ORDERED that Plaintiffs' reply to Defendant's papers in opposition, if any, must be filed and served electronically on Defendant's counsel no later than the 6th day of November, 2017, by 6 pm. All papers are to be emailed to the Court, in addition to being filed on ECF. And it is further ORDERED that service of a copy of this Order and the Declarations of Mark Beariault and Erin E. Thomas, Complaint, Memorandum of Law, and all supporting documents submitted by Plaintiffs Kudelski SA and OpenTV, Inc., on Defendant's counsel by personal service in Chambers today. (Show Cause Hearing set for 11/7/2017 at 10:00 AM in Courtroom 1305, 40 Centre Street, New York, NY 10007 before Judge Paul A. Engelmayer.) (Responses due by 11/6/2017. Replies due by 11/6/2017.) (Signed by Judge Paul A. Engelmayer on 11/3/2017) (anc) Modified on 11/6/2017 (anc).
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| Filing 2 CIVIL COVER SHEET filed. (kl) (pc). |
| Filing 1 COMPLAINT against Comcast Cable Communications, LLC. (Filing Fee $ 400.00, Receipt Number 465401194465)Document filed by Kudelski SA, OpenTV, Inc. (kl) (pc). |
| Magistrate Judge Katharine H. Parker is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #http://nysd.uscourts.gov/forms.php. (kl) |
| Case Designated ECF. (kl) |
| SUMMONS ISSUED as to Comcast Cable Communications, LLC. (kl) |
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