WiAV Solutions Inc. v. HTC Corporation
Plaintiff: WiAV Solutions Inc.
Defendant: HTC Corporation
Case Number: 1:2019cv04978
Filed: May 29, 2019
Court: US District Court for the Southern District of New York
Presiding Judge: Paul G Gardephe
Referring Judge: Katharine H Parker
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. § 1332 Diversity Action
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on March 10, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 10, 2023 Opinion or Order Filing 131 MEMO ENDORSEMENT granting #129 Motion to Withdraw as Attorney. ENDORSEMENT: APPLICATION GRANTED. Attorney William Feldman and Alexandra Lynn Larkin terminated. (Signed by Magistrate Judge Katharine H. Parker on 3/10/2023) (tg)
March 9, 2023 Opinion or Order Filing 130 DECLARATION of Alexandra Lynn Larkin in Support re: #129 MOTION for Alexandra Lynn Larkin and William Feldman to Withdraw as Attorney for Defendant HTC CORPORATION.. Document filed by HTC Corporation..(Larkin, Alexandra)
March 9, 2023 Opinion or Order Filing 129 MOTION for Alexandra Lynn Larkin and William Feldman to Withdraw as Attorney for Defendant HTC CORPORATION. Document filed by HTC Corporation. (Attachments: #1 Text of Proposed Order -Proposed Order).(Larkin, Alexandra)
March 2, 2023 Opinion or Order Filing 128 NOTICE OF CHANGE OF ADDRESS by Jonathan David Pressment on behalf of HTC Corporation. New Address: Baker & Hostetler LLP, 45 Rockefeller Plaza, New York, NY, United States 10111, 212-589-4200..(Pressment, Jonathan)
December 7, 2022 Opinion or Order Filing 127 NOTICE OF CHANGE OF ADDRESS by Michael Matthew Fay on behalf of WiAV Solutions Inc.. New Address: Boies Schiller Flexner LLP, 55 Hudson Yards, New York, NY, USA 10001, 212-446-2300..(Fay, Michael)
November 29, 2022 Opinion or Order Filing 126 MEMO ENDORSEMENT granting #125 Motion to Withdraw as Attorney. ENDORSEMENT: APPLICATION GRANTED. Attorney Chris Lewis Sprengle terminated. (Signed by Magistrate Judge Katharine H. Parker on 11/29/2022) (vfr)
November 29, 2022 Opinion or Order Filing 125 MOTION for Chris L. Sprengle to Withdraw as Attorney for WiAV Solutions. Document filed by WiAV Solutions Inc...(Sprengle, Chris)
March 23, 2022 Opinion or Order Filing 124 JOINT LETTER addressed to Judge Paul G. Gardephe from Jonathan D. Pressment and Michael M. Fay dated March 23, 2022 re: Pending Summary Judgment Motions. Document filed by HTC Corporation..(Pressment, Jonathan)
March 4, 2022 Opinion or Order Filing 123 NOTICE of Withdrawal of Abbey Gauger. Document filed by HTC Corporation..(Gauger, Abbey)
June 7, 2021 Opinion or Order Filing 122 ORDER re: #116 Memorandum & Opinion. Accordingly, and for the reasons already set forth in the Court's Opinion and Order at ECF No. 116, the Court hereby grants HTC's motion to seal. The Court respectfully requests that the Clerk of Court ensure that the documents filed at ECF No. 118 remain under seal. SO ORDERED. (Signed by Magistrate Judge Katharine H. Parker on 6/7/2021) (kv)
June 3, 2021 Opinion or Order Filing 121 STATUS REPORT. Document filed by HTC Corporation.Filed In Associated Cases: 1:18-cv-02595-PGG-KHP, 1:19-cv-04978-PGG-KHP.(Pressment, Jonathan)
May 4, 2021 Opinion or Order Filing 120 MEMO ENDORSEMENT re: (110 in 1:18-cv-02595-PGG-KHP, 119 in 1:19-cv-04978-PGG-KHP) Status Report filed by HTC Corporation. ENDORSEMENT: The Court thanks the parties for this update. The parties are hereby directed to provide another status update by June 3, 2021 to update the Court on the status of the Mindspeed Agreement and any other issues that might arise in the interim. (Signed by Magistrate Judge Katharine H. Parker on 5/4/2021) Filed In Associated Cases: 1:18-cv-02595-PGG-KHP, 1:19-cv-04978-PGG-KHP (nb)
May 3, 2021 Opinion or Order Filing 119 STATUS REPORT. Document filed by HTC Corporation.Filed In Associated Cases: 1:18-cv-02595-PGG-KHP, 1:19-cv-04978-PGG-KHP.(Pressment, Jonathan)
March 23, 2021 Opinion or Order Filing 118 ***EX-PARTE*** LETTER addressed to Magistrate Judge Katharine H. Parker from Jonathan D. Pressment dated March 23, 2021 re: Your Honors Decision and Order, dated March 9, 2021. Document filed by HTC Corporation. (Attachments: #1 Exhibit A, #2 Exhibit B - Part 1, #3 Exhibit B - Part 2, #4 Exhibit B - Part 3, #5 Exhibit C, #6 Exhibit D, #7 Exhibit E, #8 Exhibit F)Motion or Order to File Under Seal: #116 .(Pressment, Jonathan)
March 23, 2021 Opinion or Order Filing 117 LETTER addressed to Magistrate Judge Katharine H. Parker from Jonathan D. Pressment dated March 23, 2021 re: Your Honors Decision and Order, dated March 9, 2021. Document filed by HTC Corporation. (Attachments: #1 Exhibit A, #2 Exhibit B - Part 1, #3 Exhibit B - Part 2, #4 Exhibit B - Part 3, #5 Exhibit C, #6 Exhibit D, #7 Exhibit E, #8 Exhibit F).(Pressment, Jonathan)
March 9, 2021 Opinion or Order Filing 116 OPINION AND ORDER ON MOTION TO SEAL re: #89 MOTION to Seal Exhibits to Its Local Rule 56.1 Statement. filed by HTC Corporation. For the reasons stated above, HTC has satisfied its burdens to demonstrate that the parties' privacy interests and the potential competitive harm that would result from disclosure outweigh the strong presumption of public access to the agreements/documents at issue. However, the proposed redactions are not narrowly tailored to protect those interests. Accordingly, HTCs motion to redact and seal certain portions of the agreements (ECF No. 89,) is GRANTED but only with respect to the narrow category of information described herein and is otherwise DENIED. By March 23, 2021 the parties must submit revised proposed redactions in accordance with the guidance provided above. (Signed by Magistrate Judge Katharine H. Parker on 3/9/2021) (nb)
February 26, 2021 Opinion or Order Filing 115 LETTER addressed to Judge Paul G. Gardephe from Michael M. Fay dated February 26, 2021 re: Requesting oral argument on Plaintiff's motion for summary judgment. Document filed by WiAV Solutions Inc...(Fay, Michael)
February 26, 2021 Opinion or Order Filing 114 LETTER addressed to Judge Paul G. Gardephe from Jonathan D. Pressment dated February 26, 2021 re: Oral Argument on Summary Judgment Motions. Document filed by HTC Corporation..(Pressment, Jonathan)
February 26, 2021 Opinion or Order Filing 113 LETTER addressed to Judge Paul G. Gardephe from Jonathan D. Pressment dated February 26, 2021 re: Redacted Exhibits. Document filed by HTC Corporation..(Pressment, Jonathan)
February 26, 2021 Opinion or Order Filing 112 COUNTER STATEMENT TO #106 Rule 56.1 Statement. Document filed by HTC Corporation..(Pressment, Jonathan)
February 26, 2021 Opinion or Order Filing 111 MEMORANDUM OF LAW in Opposition re: #105 MOTION for Summary Judgment . . Document filed by HTC Corporation..(Pressment, Jonathan)
February 26, 2021 Opinion or Order Filing 110 MEMORANDUM OF LAW in Support re: #105 MOTION for Summary Judgment . . Document filed by WiAV Solutions Inc...(Fay, Michael)
February 26, 2021 Opinion or Order Filing 109 ***EX-PARTE***AFFIRMATION of Michael M. Fay in Support re: #105 MOTION for Summary Judgment .. Document filed by WiAV Solutions Inc.. (Attachments: #1 Exhibit C, #2 Exhibit D, #3 Exhibit F, #4 Exhibit G, #5 Exhibit H, #6 Exhibit K)Motion or Order to File Under Seal: 51 .(Fay, Michael)
February 26, 2021 Opinion or Order Filing 108 DECLARATION of Michael M. Fay in Support re: #105 MOTION for Summary Judgment .. Document filed by WiAV Solutions Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C (redacted), #4 Exhibit D (redacted), #5 Exhibit E, #6 Exhibit F (redacted), #7 Exhibit G (redacted), #8 Exhibit H (redacted), #9 Exhibit I, #10 Exhibit J, #11 Exhibit K (redacted)).(Fay, Michael)
February 26, 2021 Opinion or Order Filing 107 DECLARATION of Dr. Chongsoo Park in Support re: #105 MOTION for Summary Judgment .. Document filed by WiAV Solutions Inc.. (Attachments: #1 Exhibit A).(Fay, Michael)
February 26, 2021 Opinion or Order Filing 106 RULE 56.1 STATEMENT. Document filed by WiAV Solutions Inc...(Fay, Michael)
February 26, 2021 Opinion or Order Filing 105 MOTION for Summary Judgment . Document filed by WiAV Solutions Inc...(Fay, Michael)
February 26, 2021 Opinion or Order Filing 104 DECLARATION of Michael M. Fay in Opposition re: #97 MOTION for Summary Judgment .. Document filed by WiAV Solutions Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C).(Fay, Michael)
February 26, 2021 Opinion or Order Filing 103 COUNTER STATEMENT TO #99 Rule 56.1 Statement,,,. Document filed by WiAV Solutions Inc...(Fay, Michael)
February 26, 2021 Opinion or Order Filing 102 ***EX-PARTE*** MEMORANDUM OF LAW in Opposition re: #97 MOTION for Summary Judgment . . Document filed by WiAV Solutions Inc.. Motion or Order to File Under Seal: 51 .(Fay, Michael)
February 26, 2021 Opinion or Order Filing 101 MEMORANDUM OF LAW in Opposition re: #97 MOTION for Summary Judgment . Redacted. Document filed by WiAV Solutions Inc...(Fay, Michael)
February 26, 2021 Opinion or Order Filing 100 ***EX-PARTE***RULE 56.1 STATEMENT. Document filed by HTC Corporation. (Attachments: #1 Table of Contents, #2 Ex. 5, #3 Ex. 6, #4 Ex. 26, #5 Ex. 27, #6 Ex. 28, #7 Ex. 29, #8 Ex. 30, #9 Ex. 31, #10 Ex. 32)Motion or Order to File Under Seal: 51 .(Pressment, Jonathan)
February 26, 2021 Opinion or Order Filing 99 RULE 56.1 STATEMENT. Document filed by HTC Corporation. (Attachments: #1 Table of Contents, #2 Ex. 1, #3 Ex. 2, #4 Ex. 3, #5 Ex. 4, #6 Ex. 5 (redacted), #7 Ex. 6 (redacted), #8 Ex. 7, #9 Ex. 8, #10 Ex. 9, #11 Ex. 10, #12 Ex. 11, #13 Ex. 12, #14 Ex. 13, #15 Ex. 14, #16 Ex. 15, #17 Ex. 16, #18 Ex. 17, #19 Ex. 18, #20 Ex. 19, #21 Ex. 20, #22 Ex. 21, #23 Ex. 22, #24 Ex. 23, #25 Ex. 24, #26 Ex. 25, #27 Ex. 26 (redacted), #28 Ex. 27 (redacted), #29 Ex. 28 (redacted), #30 Ex. 29 (redacted), #31 Ex. 30 (redacted), #32 Ex. 31 (redacted), #33 Ex. 32 (redacted), #34 Ex. 33, #35 Ex. 34, #36 Ex. 35, #37 Ex. 36, #38 Ex. 37, #39 Ex. 38, #40 Ex. 39, #41 Ex. 40, #42 Ex. 41, #43 Ex. 42, #44 Ex. 43, #45 Ex. 44, #46 Ex. 45, #47 Ex. 46).(Pressment, Jonathan)
February 26, 2021 Opinion or Order Filing 98 MEMORANDUM OF LAW in Support re: #97 MOTION for Summary Judgment . . Document filed by HTC Corporation..(Pressment, Jonathan)
February 26, 2021 Opinion or Order Filing 97 MOTION for Summary Judgment . Document filed by HTC Corporation..(Pressment, Jonathan)
February 19, 2021 Opinion or Order Filing 96 LETTER addressed to Magistrate Judge Katharine H. Parker from Chris L. Sprengle dated February 19, 2021 re: WiAV's Letter in Further Support of Defendant HTC's Motion to Seal (Dkt. No. 89). Document filed by WiAV Solutions Inc.. (Attachments: #1 Affidavit Declaration of Edward Park).(Sprengle, Chris)
February 19, 2021 Opinion or Order Filing 95 LETTER addressed to Judge Paul G. Gardephe from Jonathan D. Pressment dated February 19, 2021 re: Rule II.B. Letter in Support of the Motion to Seal.. Document filed by HTC Corporation..(Pressment, Jonathan)
February 19, 2021 Opinion or Order Filing 94 LETTER addressed to Judge Paul G. Gardephe from Jonathan D. Pressment dated February 19, 2021 re: Rule II.B. Letter in Support of the Motion to Seal.. Document filed by HTC Corporation..(Pressment, Jonathan)
February 16, 2021 Opinion or Order Filing 93 ***EX-PARTE***DECLARATION of Jonathan D. Pressment in Support re: #89 MOTION to Seal Exhibits to Its Local Rule 56.1 Statement.. Document filed by HTC Corporation. (Attachments: #1 Exhibit B - Part 1, #2 Exhibit B - Part 2, #3 Exhibit C - Part 1, #4 Exhibit C - Part 2, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G)Motion or Order to File Under Seal: #89 .(Pressment, Jonathan)
February 16, 2021 Opinion or Order Filing 92 MEMORANDUM OF LAW in Support re: #89 MOTION to Seal Exhibits to Its Local Rule 56.1 Statement. . Document filed by HTC Corporation..(Pressment, Jonathan)
February 16, 2021 Opinion or Order Filing 91 DECLARATION of Jonathan D. Pressment in Support re: #89 MOTION to Seal Exhibits to Its Local Rule 56.1 Statement.. Document filed by HTC Corporation. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G).(Pressment, Jonathan)
February 16, 2021 Opinion or Order Filing 90 DECLARATION of Lynn Yu in Support re: #89 MOTION to Seal Exhibits to Its Local Rule 56.1 Statement.. Document filed by HTC Corporation..(Pressment, Jonathan)
February 16, 2021 Opinion or Order Filing 89 MOTION to Seal Exhibits to Its Local Rule 56.1 Statement. Document filed by HTC Corporation..(Pressment, Jonathan)
February 9, 2021 Opinion or Order Filing 88 RESPONSE re: #87 Objection (non-motion),, . Document filed by HTC Corporation. (Attachments: #1 Affidavit Declaration in Support of Response, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J, #12 Exhibit K, #13 Exhibit L, #14 Exhibit M, #15 Exhibit N).(Pressment, Jonathan)
January 26, 2021 Opinion or Order Filing 87 Objection to January 12, 2021 Discovery Order (Dkt. No. 84). Document filed by WiAV Solutions Inc.. (Attachments: #1 Affidavit Declaration in Support of Objection, #2 Exhibit Ex. A - WiAV's Request for Production, #3 Exhibit Ex. B - Nov. 10, 2020 Transcript, #4 Exhibit Ex. C - HTC's Responses and Objections, #5 Exhibit Ex. D - Nov. 017, 2020 Email exchange, #6 Exhibit Ex. E - Nov. 30, 2020 Email exchange, #7 Exhibit Ex. F - Jan. 11, 2021 Transcript).(Fay, Michael)
January 13, 2021 Opinion or Order Filing 86 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Telephone Conference proceeding held on 1/11/2021 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.(rro)
January 13, 2021 Opinion or Order Filing 85 TRANSCRIPT of Proceedings re: Telephone Conference held on 1/11/2021 before Magistrate Judge Katharine H. Parker. Court Reporter/Transcriber: Carole Ludwig, (212) 420-0771. 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 2/3/2021. Redacted Transcript Deadline set for 2/16/2021. Release of Transcript Restriction set for 4/13/2021..(rro)
January 12, 2021 Opinion or Order Filing 84 ORDER Plaintiffs request to compel Defendant to produce additional license agreements and covenants not to sue is DENIED. Plaintiff has not offered any reasonable basis to believe that these additional agreements are relevant or proportional to the needs of its case. Accordingly, summary judgment briefing must proceed based on contracts that HTC has already produced and those agreements that HTC has agreed to produce imminently. (HEREBY ORDERED by Magistrate Judge Katharine H. Parker) (Text Only Order) (Parker, Katharine)
January 11, 2021 Opinion or Order Minute Entry for proceedings held before Magistrate Judge Katharine H. Parker: telephonic Status Conference held on 1/11/2021. AT&T Conference Line. (ca)
January 8, 2021 Opinion or Order NOTICE TO COUNSEL: REMINDER of the Telephonic Status Conference scheduled for 1/11/2021 at 02:00 PM before Magistrate Judge Katharine H. Parker. Please dial (866) 434-5269, Access Code: 4858267 re: 77 Scheduling Order.(ca)
December 23, 2020 Opinion or Order Filing 83 LETTER addressed to Magistrate Judge Katharine H. Parker from Jonathan D. Pressment dated December 23, 2020 re: Response to Pre-Motion Letter. Document filed by HTC Corporation. (Attachments: #1 Exhibit).(Pressment, Jonathan)
December 23, 2020 Opinion or Order Filing 82 LETTER addressed to Magistrate Judge Katharine H. Parker from Michael M. Fay dated December 23, 2020 re: Requesting a Conference on WiAV's Anticipated Motion to Compel. Document filed by WiAV Solutions Inc.. (Attachments: #1 Exhibit Plaintiff's First Request for the Production of Documents).(Sprengle, Chris)
December 12, 2020 Opinion or Order Filing 81 MEMO ENDORSEMENT on re: (80 in 1:19-cv-04978-PGG-KHP, 99 in 1:18-cv-02595-PGG-KHP) Letter, filed by HTC Corporation. ENDORSEMENT: The court thanks the parties for the update. A telephonic Status Conference is hereby scheduled Wednesday, January 27, 2020 at 11:30 a.m. Counsel for the parties are directed to call Judge Parker's court conference line at the scheduled time. Please dial (866) 434-5269, Access code: 4858267. (Telephone Conference set for 1/27/2021 at 11:30 AM before Magistrate Judge Katharine H. Parker.) (Signed by Magistrate Judge Katharine H. Parker on 12/12/2020) (rro)
December 11, 2020 Opinion or Order Filing 80 JOINT LETTER addressed to Magistrate Judge Katharine H. Parker from Jonathan D. Pressment and Michael M. Fay dated December 11, 2020 re: Joint Letter To The Court With Respect To Discovery. Document filed by HTC Corporation.Filed In Associated Cases: 1:18-cv-02595-PGG-KHP, 1:19-cv-04978-PGG-KHP.(Pressment, Jonathan)
November 25, 2020 Opinion or Order Filing 79 MEMO ENDORSEMENT on re: (78 in 1:19-cv-04978-PGG-KHP, 97 in 1:18-cv-02595-PGG-KHP) Letter, filed by HTC Corporation. ENDORSEMENT: APPLICATION GRANTED. (Signed by Magistrate Judge Katharine H. Parker on 11/25/2020) Filed In Associated Cases: 1:18-cv-02595-PGG-KHP, 1:19-cv-04978-PGG-KHP (mro)
November 24, 2020 Opinion or Order Filing 78 JOINT LETTER addressed to Magistrate Judge Katharine H. Parker from Jonathan D. Pressment and Michael M. Fay dated November 24, 2020 re: Chinese Patent Claim. Document filed by HTC Corporation.Filed In Associated Cases: 1:18-cv-02595-PGG-KHP, 1:19-cv-04978-PGG-KHP.(Pressment, Jonathan)
November 10, 2020 Opinion or Order Filing 77 SCHEDULING ORDER: Cross Motions for Summary Judgment due by 1/29/2021. Responses due by 2/26/2021 No replies unless requested by the Court. No pre-motion conference will be required for these cross motions, which the Court understands will be largely based on contracts produced in discovery. Discovery due by 12/31/2020. Telephone Conference set for 1/11/2021 at 02:00 PM before Magistrate Judge Katharine H. Parker. The parties are directed to continue settlement discussions and be prepared to address scheduling of a settlement conference on 1/11/2021. (HEREBY ORDERED by Magistrate Judge Katharine H. Parker) (Text Only Order) (Parker, Katharine)
October 16, 2020 Opinion or Order Filing 76 STIPULATION AND ORDER REGARDING THE FORMAT OF DOCUMENT PRODUCTIONS: Absent special circumstances, the parties will prepare their production documents in accordance with the agreed-upon specifications set forth below. These specifications apply to documents or electronically stored information ("ESI") which are to be produced in this litigation. TIFFs. Documents should be produced in the form of single-page, Group IV TIFFs at 300 dpi. Each TIFF image should be named as its corresponding Bates number. Original document orientation should be maintained (i.e., portrait to portrait and landscape to landscape). TIFF image files should be provided in a self-identified "Images" folder. OCR Text Files. Optical Character Recognition ("OCR") text files shall be provided as a single text file for each document, not one text file per page. Each file should be named with the beginning Bates number that is assigned to its corresponding document, followed by.txt. OCR text files should be provided in a self-identified "Text" directory. To the extent a document is redacted, OCR text files for such a document shall not contain text for redacted portions; as further set forth herein. (Signed by Magistrate Judge Katharine H. Parker on 10/16/2020) Filed In Associated Cases: 1:18-cv-02595-PGG-KHP, 1:19-cv-04978-PGG-KHP (mro)
October 15, 2020 Opinion or Order Filing 75 PROPOSED STIPULATION AND ORDER. Document filed by HTC Corporation..(Pressment, Jonathan)
October 14, 2020 Opinion or Order Filing 74 MEMO ENDORSEMENT: on re: (89 in 1:18-cv-02595-PGG-KHP) Letter, filed by HTC Corporation. ENDORSEMENT: The Court thanks the parties for this update. However, given the parties' failure to meaningfully confer with respect to the contemplated stipulation, the Court directs the parties to engage in further discussions. Further, the parties are ordered to provide the Court with a status letter by October 28, 2020 to update the Court as to whether an agreement about the scope of damages under the contract has been reached. SO ORDERED. (Signed by Magistrate Judge Katharine H. Parker on 10/14/2020) Filed In Associated Cases: 1:18-cv-02595-PGG-KHP, 1:19-cv-04978-PGG-KHP (ama)
September 30, 2020 Opinion or Order Filing 73 ANSWER to #65 Amended Complaint. Document filed by HTC Corporation..(Pressment, Jonathan)
September 23, 2020 Opinion or Order Filing 72 PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material... (Signed by Magistrate Judge Katharine H. Parker on 9/23/2020) Filed In Associated Cases: 1:18-cv-02595-PGG-KHP, 1:19-cv-04978-PGG-KHP (rro)
September 18, 2020 Opinion or Order Filing 71 ORDER FOR ADMISSION PRO HAC VICE granting #70 Motion for Park, Seong Jun to Appear Pro Hac Vice. (Signed by Magistrate Judge Katharine H. Parker on 9/18/2020) (mro)
September 18, 2020 Opinion or Order Filing 70 MOTION for Park, Seong Jun to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-21729225. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by WiAV Solutions Inc.. (Attachments: #1 Affidavit Affidavit in support of Motion, #2 Exhibit Certificate of Good Standing, #3 Text of Proposed Order).(Park, Seong Jun)
September 18, 2020 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #70 MOTION for Park, Seong Jun to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-21729225. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (vba)
September 17, 2020 Opinion or Order Filing 69 JOINT LETTER addressed to Magistrate Judge Katharine H. Parker from Jonathan D. Pressment and Michael M. Fay dated September 17, 2020 re: Confidentiality Order. Document filed by HTC Corporation.Filed In Associated Cases: 1:18-cv-02595-PGG-KHP, 1:19-cv-04978-PGG-KHP.(Pressment, Jonathan)
September 17, 2020 Opinion or Order Filing 68 STIPULATION CONSOLIDATING DISCOVERY SCHEDULES: All fact discovery must be completed by January 20, 2021. All depositions shall be completed by January 20, 2021 and limited to no more than seven (7) depositions per party. Expert discovery shall be completed by February 28, 2021. The parties anticipate that the Actions will be ready for trial by March 31, 2021. The matter is to be tried by a jury. Plaintiff and Defendant anticipate that the trial of this case will require 3 days. The parties do not consent to trial before a Magistrate. ( Deposition due by 1/20/2021., Expert Discovery due by 2/28/2021., Fact Discovery due by 1/20/2021., Ready for Trial by 3/31/2021.) (Signed by Magistrate Judge Katharine H. Parker on 9/17/2020) Filed In Associated Cases: 1:18-cv-02595-PGG-KHP, 1:19-cv-04978-PGG-KHP (mro)
September 16, 2020 Opinion or Order Filing 67 PROPOSED STIPULATION AND ORDER. Document filed by HTC Corporation..(Pressment, Jonathan)
September 16, 2020 Opinion or Order Filing 66 EXHIBIT TO PLEADING re: #65 Amended Complaint. Document filed by WiAV Solutions Inc...(Fay, Michael)
September 16, 2020 Opinion or Order Filing 65 AMENDED COMPLAINT amending #1 Complaint against HTC Corporation with JURY DEMAND.Document filed by WiAV Solutions Inc.. Related document: #1 Complaint..(Fay, Michael)
September 15, 2020 Opinion or Order Filing 64 MEMO ENDORSEMENT on re: (62 in 1:19-cv-04978-PGG-KHP) Letter, filed by WiAV Solutions Inc. ENDORSEMENT: The unopposed application to file an amended complaint is granted. The proposed amended complaint should be filed by September 16, 2020. SO ORDERED. (Signed by Judge Paul G. Gardephe on 9/15/2020) (jca)
September 11, 2020 Opinion or Order Filing 63 LETTER addressed to Judge Paul G. Gardephe from Jonathan D. Pressment dated September 11, 2020 re: Rule 4A of Your Honors Individual Rules in Response to the Letter filed by Plaintiff, WiAV Solutions, Inc.. Document filed by HTC Corporation..(Pressment, Jonathan)
September 8, 2020 Opinion or Order Filing 62 LETTER addressed to Judge Paul G. Gardephe from Michael M. Fay dated September 8, 2020 re: Rule IV.A Letter Requesting a Conference re: Plaintiff's Motion to Amend. Document filed by WiAV Solutions Inc.. (Attachments: #1 Exhibit Proposed Amended Complaint, #2 Exhibit Blackline, #3 Exhibit WiAV's Document Requests, #4 Exhibit HTC's Document Requests).(Fay, Michael)
September 5, 2020 Opinion or Order Filing 61 ORDER granting (79) Letter Motion for Extension of Time in case 1:18-cv-02595-PGG-KHP. APPLICATION GRANTED. (Signed by Magistrate Judge Katharine H. Parker on 9/5/2020) Filed In Associated Cases: 1:18-cv-02595-PGG-KHP, 1:19-cv-04978-PGG-KHP (rro)
August 28, 2020 Opinion or Order Filing 60 LETTER addressed to Judge Paul G. Gardephe from Jonathan D. Pressment dated August 28, 2020 re: The Court's August 22, 2020 Motion Endorsement. Document filed by HTC Corporation..(Pressment, Jonathan)
August 24, 2020 Opinion or Order Filing 59 ORDER denying #55 Letter Motion to Stay In light of Judge Gardephes recent ruling regarding HTCs proposed motion under 12(c). (HEREBY ORDERED by Magistrate Judge Katharine H. Parker)(Text Only Order) (Parker, Katharine)
August 22, 2020 Opinion or Order Filing 58 MEMO ENDORSEMENT: on re: (63 in 1:18-cv-02595-PGG-KHP) Letter filed by HTC Corporation. ENDORSEMENT: For the reasons set forth above, these cases will be consolidated for purposes of discovery, summary judgment, and trial. SO ORDERED. (Signed by Judge Paul G. Gardephe on 8/22/2020) Filed In Associated Cases: 1:18-cv-02595-PGG-KHP, 1:19-cv-04978-PGG-KHP (ama)
August 22, 2020 Opinion or Order Filing 57 MEMO ENDORSEMENT on re: #46 Letter filed by HTC Corporation. ENDORSEMENT: In this action, Plaintiff WiAV Solutions Inc. brings a breach of contract claim against Defendant HTC. (Cmplt. (Dkt. No. 1)) In the parties' contract, HTC agrees to make payments to WiAV ("Conditional Payments") in the event that HTC licenses certain patent rights to a third party. (Id. paragraph 3) WiAV alleges that HTC licensed patent rights to multiple third parties including Microsoft Corporation, Apple Inc., and Telefonaktiebolaget LM Ericsson without making the contractually required Conditional Payments to WiAV. (Id. paragraphs 22-23, 48-50) In the Complaint, WiAV also seeks relief concerning a specific Chinese patent. (Id. paragraphs 24-25, 36-39) WiAV contends that HTC allowed the patent to expire by failing to pay maintenance fees. (Id. paragraphs 24, 27, 35) As a result of HTC's mishandling of the Chinese patent, the underlying technology was effectively licensed to anyone doing business in China. (Id. paragraph 24) WiAV argues that, as a result, HTC owes it a Conditional Payment. (Id. paragraphs 24, 26, 39) WiAV also claims that HTC breached the Contract by failing to pay maintenance fees associated with the Chinese patent. (Cmplt. (Dkt. No. 1) paragraphs 27, 35-37) On December 17, 2020, HTC moved to dismiss the Complaint under Fed. R. Civ. P. 12(b)(6). (Def. Br. (Dkt. No. 23)) HTC contended, inter alia, that claims arising from its alleged transfer of patent rights to Microsoft, Apple, and Ericsson are barred by res judicata, given that a New York state court dismissed similar claims in 2016. (Id. at 17-29) HTC further argued that the Complaint fails to plead a "Triggering Event," which is the prerequisite for HTC's obligation to make a Conditional Payment. (Id. at 20-22, 24-29) In a June 30, 2019 order (Dkt. No. 30), this Court granted HTC's motion as to WiAV's claim that HTC owes it a Conditional Payment as a result of HTC allowing the Chinese patent to expire. HTC's motion was otherwise denied. (Id.) Defendant HTC Corporation now seeks leave to file a motion for judgment on the pleadings pursuant to Fed. R. Civ. P. 12(c). (Def. Ltr. (Dkt. No. 46)) In its anticipated Rule 12(c) motion, HTC plans to argue that under the terms of its license agreements with Microsoft, Apple, and Ericsson HTC does not owe WiAV any Conditional Payment. (Id.) HTC argues that discovery should be stayed at least in large part while its motion is pending. (Def. Ltr. (Dkt. No. 55)) WiAV argues that HTC's anticipated motion "is actually a premature summary judgment motion, and its request to file that motion should be denied pending the completion of discovery in this action." (Pltf. Ltr. (Dkt. No. 47)) Although in some circumstances seriatim Rule 12(b)(6) and Rule 12(c) are inefficient and wasteful, there is no bar to filing a Rule 12(c) motion after an unsuccessful Rule 12(b)(6) motion. See Biro v. Conde Nast, 963 F. Supp. 2d 255, 266 n.2 (S.D.N.Y. 2013), aff'd, 807 F.3d 541 (2d Cir. 2015), and aff'd, 622 F. App'x 67 (2d Cir. 2015) ("While the New Yorker Defendants could have raised their current arguments in their Rule 12(b)(6) motion, it is generally permitted by Rule 12(h)(2) to bring successive motions challenging the sufficiency of a claim, the first under 12(b)(6) and the second, after the Answer has been filed, under Rule 12(c)."); Walia v. Napolitano, No. CV112512SJFSIL, 2017 WL 10378189, at *9 (E.D.N.Y. Dec. 4, 2017) ("[U]nder Rule 12(h)(2), a party may raise a 12(b)(6) failure-to-state a claim defense that it omitted from an earlier motion, (1) in any pleading allowed or ordered under Rule 7(a); (2) by a motion under Rule 12(c); or (3) at trial.") (internal quotation marks omitted). In certain circumstances, a party may have to file its answer as a predicate to a successful Rule 12(c) motion. There are no such circumstances here, however, and the seriatim Rule 12(b)(6) motion and proposed Rule 12(c) motion are inefficient and wasteful. The Complaint pleads that HTC entered into licensing agreements with Microsoft, Apple, and Ericsson. (Cmplt. (Dkt. No. 1) paragraphs 22, 48-49) Given the Complaint's allegations that HTC had licensed patent rights to Microsoft, Apple, and Ericsson, HTC had a right to lay those licensing agreements before the Court in connection with its Rule 12(b)(6) motion, and make then the argument that it wishes to make now. These alleged licensing agreements are integral to the allegations in the Complaint and incorporated by reference. See Holliday as Tr. of LB Litig. Tr. v. Brown Rudnick LLP, No. 19 CIV. 10925 (PAE), 2020 WL 4340786, at *1 (S.D.N.Y. July 28, 2020) ("In resolving a motion to dismiss, courts may consider documents attached to the complaint, those incorporated by reference into the complaint, and those that are 'integral' to the complaint, i.e., those that the complaint 'relies heavily' on for their 'terms and effect.") (quoting DiFolco v. MSNBC Cable LLC, 622 F.3d 104, 111 (2d Cir. 2010)). HTC chose a different strategy, however: multiple motions making arguments that all could have been heard at one time in connection with its Rule 12(b)(6) motion to dismiss. HTC also requests that discovery be stayed during the pendency of its proposed Rule 12(c) motion. (Def. Ltr. (Dkt. No. 55)) Over WiAV's objection (Dkt. No. 26), this Court did not permit discovery to begin until after the resolution of HTC's Rule 12(b)(6) motion to dismiss. (Dkt. No. 47) There will be no further stays of discovery. Discovery is now ongoing pursuant to the operative Case Management Plan, and is to be completed by December 18, 2020. (Id.) As HTC acknowledges, its proposed motion for judgment on the pleadings even if successful will not dispose of the entire case. (Def. Ltr. (Dkt. No. 46) at 1 n.1) Given these circumstances, HTC's strategy of filing seriatim dispositive motions, and the fact that this Court stayed discovery during the pendency of HTC's earlier motion to dismiss, it is not appropriate to further stay discovery. It appears to this Court that it would be more efficient for HTC to pursue its arguments in a post-discovery summary judgment motion. See In re Am. Express Anti-Steering Rules Antitrust Litig., 361 F. Supp. 3d 324, 333 (E.D.N.Y. 2019) ("[I]t would be more efficient to deal with Amex's anticipated summary-judgment motion in one fell swoop after the completion of additional fact discovery."); Zarelli v. New York City Bd. of Educ., No. 93 CV 2337 (FB), 1996 WL 599386, at *2 (E.D.N.Y. Oct. 14, 1996), affd, 199 F.3d 1325 (2d Cir. 1999) ("[P]iecemeal motion practice should be discouraged as contrary to the wise allocation of judicial resources."). By August 28, 2020, HTC will submit a letter stating whether it intends to pursue its proposed Rule 12(c) motion. If so, the letter should include an agreed-upon briefing schedule. SO ORDERED. (Discovery due by 12/18/2020.) (Signed by Judge Paul G. Gardephe on 8/22/2020) (mml)
August 22, 2020 Opinion or Order CONSOLIDATED MEMBER CASE: Create association to 1:18-cv-02595-PGG-KHP.. (ama)
August 20, 2020 Opinion or Order Filing 56 LETTER RESPONSE in Opposition to Motion addressed to Magistrate Judge Katharine H. Parker from Michael M. Fay dated August 20, 2020 re: #55 LETTER MOTION to Stay Discovery addressed to Magistrate Judge Katharine H. Parker from Jonathan D. Pressment dated August 13, 2020. . Document filed by WiAV Solutions Inc...(Sprengle, Chris)
August 13, 2020 Opinion or Order Filing 55 LETTER MOTION to Stay Discovery addressed to Magistrate Judge Katharine H. Parker from Jonathan D. Pressment dated August 13, 2020. Document filed by HTC Corporation..(Pressment, Jonathan)
August 12, 2020 Opinion or Order Filing 54 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Telephone Conference proceeding held on 8/6/2020 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.(rro)
August 12, 2020 Opinion or Order Filing 53 TRANSCRIPT of Proceedings re: Telephone Conference held on 8/6/2020 before Magistrate Judge Katharine H. Parker. Court Reporter/Transcriber: Carole Ludwig, (212) 420-0771. 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 9/2/2020. Redacted Transcript Deadline set for 9/14/2020. Release of Transcript Restriction set for 11/10/2020..(rro)
August 10, 2020 Opinion or Order Filing 52 ORDER terminating #26 Motion for Local Rule 37.2 Conference (HEREBY ORDERED by Magistrate Judge Katharine H. Parker)(Text Only Order) (Parker, Katharine)
August 10, 2020 Opinion or Order Filing 51 ORDER granting #38 Letter Motion to Seal (HEREBY ORDERED by Magistrate Judge Katharine H. Parker)(Text Only Order) (Parker, Katharine)
August 7, 2020 Opinion or Order Filing 50 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Telephone Conference proceeding held on 8/6/2020 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.(rro)
August 7, 2020 Opinion or Order Filing 49 TRANSCRIPT of Proceedings re: Telephone Conference held on 8/6/2020 before Magistrate Judge Katharine H. Parker. Court Reporter/Transcriber: Carole Ludwig, (212) 420-0771. 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 8/28/2020. Redacted Transcript Deadline set for 9/8/2020. Release of Transcript Restriction set for 11/5/2020..(rro)
August 6, 2020 Opinion or Order Filing 48 LETTER addressed to Judge Paul G. Gardephe from Michael M. Fay dated August 6, 2020 re: Defendant's Aug. 4 Letter Seeking Leave to File a Rule 12(c) Motion. Document filed by WiAV Solutions Inc.. (Attachments: #1 Exhibit Ex. A - Patent Rights Purchase and Covenant Not to Sue Agreement, #2 Exhibit Ex. B - Oct. 18, 2018 Transcript).(Sprengle, Chris)
August 6, 2020 Opinion or Order Filing 47 SCHEDULING ORDER: Amended Pleadings due by 9/8/2020. Joinder of Parties due by 9/8/2020. Fact Discovery due by 11/4/2020. Expert Discovery due by 12/18/2020. Joint Status Report on Discovery due by 9/25/2020. Discovery on Maintenance Fees on Chinese patent must proceed. Defendant's motion to stay discovery on other claims due 8/13/2020 and Plaintiff's opposition to stay discovery due 8/20/2020 (letter briefs shall be no more than 4 pages). (HEREBY ORDERED by Magistrate Judge Katharine H. Parker) (Text Only Order) (Parker, Katharine)
August 6, 2020 Opinion or Order Minute Entry for proceedings held before Magistrate Judge Katharine H. Parker: Initial Pretrial Conference held on 8/6/2020. AT&T Conference Line. (ca)
August 4, 2020 Opinion or Order Filing 46 LETTER addressed to Judge Paul G. Gardephe from Jonathan D. Pressment dated August 4, 2020 re: Request for a Pre-Motion Conference. Document filed by HTC Corporation..(Pressment, Jonathan)
July 30, 2020 Opinion or Order Filing 45 INITIAL REPORT OF PARTIES BEFORE PRETRIAL CONFERENCE. REPORT OF RULE 26(f) MEETING AND PROPOSED CASE MANAGEMENT PLAN Document filed by HTC Corporation..(Pressment, Jonathan)
July 29, 2020 Opinion or Order Filing 44 ***EX-PARTE*** LETTER addressed to Judge Paul G. Gardephe from Jonathan D. Pressment dated July 29, 2020 re: Rule II.B. Letter in Support of the Motion to Seal. Document filed by HTC Corporation.Motion or Order to File Under Seal: #38 .(Pressment, Jonathan)
July 29, 2020 Opinion or Order Filing 43 LETTER addressed to Judge Paul G. Gardephe from Jonathan D. Pressment dated July 29, 2020 re: Rule II.B. Letter in Support of the Motion to Seal. Document filed by HTC Corporation..(Pressment, Jonathan)
July 24, 2020 Opinion or Order Filing 42 ***EX-PARTE***ANSWER to #1 Complaint. Document filed by HTC Corporation. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)Motion or Order to File Under Seal: #38 .(Pressment, Jonathan)
July 24, 2020 Opinion or Order Filing 41 MEMORANDUM OF LAW in Support re: #38 MOTION to Seal . . Document filed by HTC Corporation..(Pressment, Jonathan)
July 24, 2020 Opinion or Order Filing 40 DECLARATION of Lynn Yu in Support re: #38 MOTION to Seal .. Document filed by HTC Corporation..(Pressment, Jonathan)
July 24, 2020 Opinion or Order Filing 39 DECLARATION of Jonathan D. Pressment in Support re: #38 MOTION to Seal .. Document filed by HTC Corporation. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D).(Pressment, Jonathan)
July 24, 2020 Opinion or Order Filing 38 MOTION to Seal . Document filed by HTC Corporation..(Pressment, Jonathan)
July 21, 2020 Opinion or Order Filing 37 ANSWER to #1 Complaint. Document filed by HTC Corporation. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D).(Pressment, Jonathan)
July 9, 2020 Opinion or Order Filing 36 ORDER granting #34 Letter Motion for Extension of Time to Answer re #1 Complaint. The Application is granted. SO ORDERED. (HTC Corporation answer due 7/21/2020.) (Signed by Judge Paul G. Gardephe on 7/9/2020) (rro)
July 8, 2020 Opinion or Order Filing 35 JOINT LETTER addressed to Judge Paul G. Gardephe from Jonathan D. Pressment and Michael M. Fay dated July 8, 2020 re: Court's July 1, 2020 Order. Document filed by HTC Corporation..(Pressment, Jonathan)
July 7, 2020 Opinion or Order Filing 34 LETTER MOTION for Extension of Time to File Answer re: #1 Complaint addressed to Judge Paul G. Gardephe from Jonathan D. Pressment dated July 7, 2020. Document filed by HTC Corporation..(Pressment, Jonathan)
July 1, 2020 Opinion or Order Filing 33 INITIAL CASE MANAGEMENT TELEPHONE CONFERENCE ORDER: Initial Conference set for 8/6/2020 at 10:45 AM before Magistrate Judge Katharine H. Parker. Counsel is directed to call the courts telephone conference line at the scheduled time. Please dial (866) 434-5269, Access Code: 4858267. (Signed by Magistrate Judge Katharine H. Parker on 7/1/2020) (mro) Modified on 7/1/2020 (mro).
July 1, 2020 Opinion or Order Filing 32 ORDER OF REFERENCE TO A MAGISTRATE JUDGE: Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). Referred to Magistrate Judge Katharine H. Parker. SO ORDERED. Motions referred to Katharine H. Parker. (Signed by Judge Paul G. Gardephe on 7/01/2020) (ama)
July 1, 2020 Opinion or Order Filing 31 ORDER: NOW THEREFORE, IT IS ORDERED, that the parties are directed to show cause why these cases should not be consolidated for purposes of discovery and, if necessary, summary judgment briefing or trial. The parties should file a joint letter by July 8, 2020 setting forth their position on consolidation. So Ordered. (Signed by Judge Paul G. Gardephe on 7/1/2020) (js)
June 30, 2020 Opinion or Order Filing 30 ORDER denying #20 Motion to Dismiss. For the reasons set forth above, Plaintiff WiAVs breach of contract claim is dismissed to the extent that it is premised on WiAV's argument that a Triggering Event occurred as a result of HTC's failure to pay maintenance fees associated with the Chinese patent. Defendant HTC's motion to dismiss (Dkt. No. 20) is otherwise denied. The Clerk of Court is directed to terminate the motion. SO ORDERED.. (Signed by Judge Paul G. Gardephe on 6/30/2020) (jca)
June 30, 2020 Opinion or Order Filing 29 PATENT RIGHTS PURCHASE AGREEMENT. Document filed by WiAV Solutions Inc. (jca)
June 30, 2020 Opinion or Order Filing 28 NOTICE OF APPEARANCE by Abbey Gauger on behalf of HTC Corporation..(Gauger, Abbey)
March 9, 2020 Opinion or Order Filing 27 LETTER RESPONSE to Motion addressed to Judge Paul G. Gardephe from Jonathan D. Pressment dated March 9, 2020 re: #26 LETTER MOTION for Local Rule 37.2 Conference addressed to Judge Paul G. Gardephe from Michael Fay dated March 6, 2020. . Document filed by HTC Corporation..(Pressment, Jonathan)
March 6, 2020 Opinion or Order Filing 26 LETTER MOTION for Local Rule 37.2 Conference addressed to Judge Paul G. Gardephe from Michael Fay dated March 6, 2020. Document filed by WiAV Solutions Inc...(Fay, Michael)
December 17, 2019 Opinion or Order Filing 25 REPLY MEMORANDUM OF LAW in Support re: #20 MOTION to Dismiss . . Document filed by HTC Corporation. (Pressment, Jonathan)
December 17, 2019 Opinion or Order Filing 24 MEMORANDUM OF LAW in Opposition re: #20 MOTION to Dismiss . . Document filed by WiAV Solutions Inc.. (Fay, Michael)
December 17, 2019 Opinion or Order Filing 23 MEMORANDUM OF LAW in Support re: #20 MOTION to Dismiss . . Document filed by HTC Corporation. (Pressment, Jonathan)
December 17, 2019 Opinion or Order Filing 22 DECLARATION of Jonathan D. Pressment in Support re: #20 MOTION to Dismiss .. Document filed by HTC Corporation. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Pressment, Jonathan)
December 17, 2019 Opinion or Order Filing 21 FILING ERROR - DEFICIENT DOCKET ENTRY (SEE #24 Memorandum in Opposition) - MEMORANDUM OF LAW in Opposition re: #20 MOTION to Dismiss . . Document filed by WiAV Solutions Inc.. (Sprengle, Chris) Modified on 12/18/2019 (db).
December 17, 2019 Opinion or Order Filing 20 MOTION to Dismiss . Document filed by HTC Corporation.(Pressment, Jonathan)
October 22, 2019 Opinion or Order Filing 19 ORDER: It is hereby ORDERED that the following briefing schedule shall apply to Defendants proposed motion to dismiss (Dkt. No. 14): Defendant's motion is due November 19, 2019; Plaintiff's opposition is due December 10, 2019; Defendant's reply, if any, is due December 17, 2019. It is further ORDERED that the initial conference scheduled for October 24, 2019 is adjourned sine die. The Clerk of the Court is directed to terminate the letter motions. SO ORDERED. (Dkt. Nos. 14, 16) (Motions due by 11/19/2019. Responses due by 12/10/2019. Replies due by 12/17/2019.) (Signed by Judge Paul G. Gardephe on 10/22/2019) (anc)
October 15, 2019 Opinion or Order Filing 18 ORDER: It is hereby ORDERED that the initial pre-trial conference currently scheduled for October 17, 2019 is adjourned to October 24, 2019 at 10:00 a.m. in Courtroom 705 of the Thurgood Marshall United States Courthouse, 40 Foley Square, New York, New York. SO ORDERED. Initial Conference set for 10/24/2019 at 10:00 AM in Courtroom 705, 40 Foley Square, New York, NY 10007 before Judge Paul G. Gardephe. (Signed by Judge Paul G. Gardephe on 10/15/2019) (rj)
October 10, 2019 Opinion or Order Filing 17 JOINT LETTER addressed to Judge Paul G. Gardephe from Jonathan Pressment and Chris L. Sprengle dated October 10, 2019 re: Rule 7(B) Letter Prior to Initial Conference. Document filed by HTC Corporation.(Pressment, Jonathan)
September 3, 2019 Opinion or Order Filing 16 LETTER addressed to Judge Paul G. Gardephe from Michael M. Fay dated September 3, 2019 re: Defendant's August 28, 2019 letter. Document filed by WiAV Solutions Inc..(Sprengle, Chris)
August 29, 2019 Opinion or Order Filing 15 NOTICE OF PRETRIAL CONFERENCE: Initial Conference set for 10/17/2019 at 11:00 AM in Courtroom 705, 40 Centre Street, New York, NY 10007 before Judge Paul G. Gardephe. (As further set forth in this Order.) (Signed by Judge Paul G. Gardephe on 8/29/2019) (cf)
August 28, 2019 Opinion or Order Filing 14 LETTER addressed to Judge Paul G. Gardephe from Jonathan D. Pressment dated August 28, 2019 re: Pre-Motin Conference Request. Document filed by HTC Corporation. (Attachments: #1 Exhibit 1. State Court Action, #2 Exhibit 2. State Court Dismissal, #3 Exhibit 3. Appellate Decision)(Pressment, Jonathan)
August 28, 2019 Opinion or Order Filing 13 NOTICE OF APPEARANCE by Alexandra Lynn Larkin on behalf of HTC Corporation. (Larkin, Alexandra)
August 7, 2019 Opinion or Order Filing 12 NOTICE OF APPEARANCE by Michael Matthew Fay on behalf of WiAV Solutions Inc.. (Fay, Michael)
August 6, 2019 Opinion or Order Filing 11 NOTICE OF APPEARANCE by William Feldman on behalf of HTC Corporation. (Feldman, William)
August 6, 2019 Opinion or Order Filing 10 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by HTC Corporation.(Pressment, Jonathan)
August 6, 2019 Opinion or Order Filing 9 NOTICE OF APPEARANCE by Jonathan David Pressment on behalf of HTC Corporation. (Pressment, Jonathan)
August 5, 2019 Opinion or Order Filing 8 WAIVER OF SERVICE RETURNED EXECUTED. HTC Corporation waiver sent on 6/5/2019, answer due 9/3/2019. Document filed by WiAV Solutions Inc.. (Sprengle, Chris)
May 31, 2019 NOTICE OF CASE REASSIGNMENT to Judge Paul G. Gardephe. Judge Unassigned is no longer assigned to the case. (wb)
May 31, 2019 CASE ACCEPTED AS RELATED. Create association to 1:18-cv-02595-PGG. Notice of Assignment to follow. (wb)
May 31, 2019 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. (wb)
May 30, 2019 Filing 7 ELECTRONIC SUMMONS ISSUED as to HTC Corporation. (pc)
May 30, 2019 Case Designated ECF. (pc)
May 30, 2019 CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Unassigned. (pc)
May 30, 2019 CASE REFERRED TO Judge Paul G. Gardephe as possibly related to 18cv2595. (pc)
May 29, 2019 Filing 6 AMENDED RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by WiAV Solutions Inc..(Sprengle, Chris)
May 29, 2019 Filing 5 FILING ERROR - DEFICIENT DOCKET ENTRY (SEE DOCUMENT #6) - RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by WiAV Solutions Inc..(Sprengle, Chris) Modified on 6/3/2019 (ldi).
May 29, 2019 Filing 4 RELATED CASE AFFIRMATION of Chris L. Sprengle re: that this action be filed as related to 18-cv-2595-PGG. Document filed by WiAV Solutions Inc..(Sprengle, Chris)
May 29, 2019 Filing 3 CIVIL COVER SHEET filed. (Sprengle, Chris)
May 29, 2019 Filing 2 REQUEST FOR ISSUANCE OF SUMMONS as to HTC Corporation, re: #1 Complaint. Document filed by WiAV Solutions Inc.. (Sprengle, Chris)
May 29, 2019 Filing 1 COMPLAINT against HTC Corporation. (Filing Fee $ 400.00, Receipt Number ANYSDC-16979466)Document filed by WiAV Solutions Inc.. (Attachments: #1 Exhibit Ex. A - Patent Rights Purchase and Covenant Not to Sue Agreement)(Sprengle, Chris)

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Plaintiff: WiAV Solutions Inc.
Represented By: Chris Lewis Sprengle
Represented By: Michael Matthew Fay
Represented By: Seong Jun Park
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Defendant: HTC Corporation
Represented By: Jonathan David Pressment
Represented By: Abbey Gauger
Represented By: Alexandra Lynn Larkin
Represented By: William Feldman
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