Xinuos, Inc. v. International Business Machines Corporation et al
Plaintiff: Xinuos, Inc.
Defendant: International Business Machines Corporation and Red Hat Inc.
Case Number: 7:2022cv09777
Filed: November 16, 2022
Court: US District Court for the Southern District of New York
Office: Foley Square Office
Presiding Judge: J Paul Oetken
Referring Judge: Cathy Seibel
Nature of Suit: Copyright
Cause of Action: 17 U.S.C. § 101 Copyright Infringement
Jury Demanded By: Plaintiff
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Docket Report

This docket was last retrieved on April 19, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
May 30, 2023 Opinion or Order NOTICE OF REDESIGNATION TO ANOTHER MAGISTRATE JUDGE. The above entitled action has been redesignated to Magistrate Judge Victoria Reznik. Please note that this is a reassignment of the designation only. (vfr)
March 17, 2023 Opinion or Order Filing 134 LETTER addressed to Judge Cathy Seibel from Gabriel M. Ramsey dated March 17, 2023 re: IBM and Red Hat's request for oral argument on their Motion for Summary Judgment (D.I. 121) and Motion to Dismiss (D.I. 118). Document filed by Xinuos, Inc...(Ramsey, Gabriel)
March 6, 2023 Opinion or Order Filing 133 LETTER MOTION for Oral Argument addressed to Judge Cathy Seibel from David R. Marriott dated March 6, 2023. Document filed by International Business Machines Corporation, Red Hat Inc...(Marriott, David)
March 6, 2023 Opinion or Order Filing 132 DECLARATION of Emma Kolesar in Support re: #121 MOTION for Summary Judgment ("Notice of Defendants' Motion for Partial Summary Judgment on Plaintiff's Copyright Claim").. Document filed by International Business Machines Corporation, Red Hat Inc.. (Attachments: #1 Exhibit 55, #2 Exhibit 56, #3 Exhibit 57, #4 Exhibit 58, #5 Exhibit 59, #6 Exhibit 60, #7 Exhibit 61, #8 Exhibit 62, #9 Exhibit 63, #10 Exhibit 64, #11 Exhibit 65, #12 Exhibit 66, #13 Exhibit 67, #14 Exhibit 68, #15 Exhibit 69, #16 Exhibit 70, #17 Exhibit 71).(Marriott, David)
March 6, 2023 Opinion or Order Filing 131 RESPONSE re: #128 Counter Statement to Rule 56.1 ("Defendants' Reply in Further Support of Their Rule 56.1 Statement in Support of Their Motion for Partial Summary Judgment on Plaintiff's Copyright Claim and Defendants' Response to Plaintiff's Additional Rule 56.1 Statement of Facts"). Document filed by International Business Machines Corporation, Red Hat Inc...(Marriott, David)
March 6, 2023 Opinion or Order Filing 130 REPLY MEMORANDUM OF LAW in Support re: #121 MOTION for Summary Judgment ("Notice of Defendants' Motion for Partial Summary Judgment on Plaintiff's Copyright Claim"). . Document filed by International Business Machines Corporation, Red Hat Inc...(Marriott, David)
March 6, 2023 Opinion or Order Filing 129 REPLY MEMORANDUM OF LAW in Support re: #118 MOTION to Dismiss ("Notice of Defendants' Motion to Dismiss"). . Document filed by International Business Machines Corporation, Red Hat Inc...(Marriott, David)
March 6, 2023 Opinion or Order Filing 128 COUNTER STATEMENT TO #123 Rule 56.1 Statement. Document filed by Xinuos, Inc...(Ramsey, Gabriel)
March 6, 2023 Opinion or Order Filing 127 DECLARATION of Molly A. Jones in Opposition re: #121 MOTION for Summary Judgment ("Notice of Defendants' Motion for Partial Summary Judgment on Plaintiff's Copyright Claim").. Document filed by Xinuos, Inc.. (Attachments: #1 Exhibit A - Declaration ISO TTEE Mot to Sell SCO Business Assets, #2 Exhibit B- SCO Statement of Reconciled and Disputed Facts as to IBM's MSJ, #3 Exhibit C - Project Supplements A and B to Jt Development Agreement, #4 Exhibit D - Letters and Amendment Nos 4, 5 & 6, #5 Exhibit E - Draft Project Supplement C to JDA, #6 Exhibit F - Article "Ibm Launches Major Unix Initiative", #7 Exhibit G - UnixWare 713 Copyright Registration, #8 Exhibit H - Gemini 64 Source Code, Version 1 Copyright Registration, #9 Exhibit I - Project Monterey Source Code, Version 1 Copyright Registration, #10 Exhibit J - Second Amended Complaint filed in the Utah Litigation, #11 Exhibit K - Second Amended Complaint filed in the Novell Litigation, #12 Exhibit L - Memorandum of Decision and Order Denying SCO's renewed Motion for Judgment as a Matter of Law in the Novell Litigation, #13 Exhibit M - Final Judgment filed in the Novell Litigation, #14 Exhibit N - Memorandum of Decision and Order Granting in part and Denying in part IBM's Motion for Partial Summary Judgment on the Basis of the Novell Judgment, #15 Exhibit O - SCO Group's Statement of Compliance with Court Order Reopening Case in the Utah Litigation, #16 Exhibit P - IBM's Motion for Entry of Order Limiting Scope of IBM's Ninth Counterclaim in the Utah Litigation, #17 Exhibit Q - Order Limiting Scope of IBM's Ninth Counterclaim in the Utah Litigation, #18 Exhibit R - Memorandum Order filed in the Red Hat Litigation, #19 Exhibit S - Order Closing the Red Hat Litigation, #20 Exhibit T - Debtor's Motion for Approval of Employment of CFO Solutions, #21 Exhibit U - Order Granting SCO Group's Motion to Enforce the Automatic Stay, #22 Exhibit V - SCO Group's Voluntary Petition for Bankruptcy, #23 Exhibit W - Excerpts from March 2 2011 Bankruptcy Proceeding, #24 Exhibit X - Transcript from August 23, 2010 Hearing re Motion to Auction SCO Assets, #25 Exhibit Y - Asset Purchase Agreement between SCO, SCO Group and UnXis, #26 Exhibit Z - Opinion in SCO Group v IBM, 879 F.3d 1062, #27 Exhibit AA - Email from Storero to Comer, Nagle, et al re Schedules to APA, #28 Exhibit BB - Order Approving Sale of Substantially All Software Product Business Assets, #29 Exhibit CC - Chpt 11 TTEE Motionto Convert Cases from Chpt 11 to Chpt 7, #30 Exhibit DD - Order Converting Cases from Chpt 11 to Chpt 7, #31 Exhibit EE - Kolesar email to Xinous Counsel re Xinous v IBM non public excerpted fact document used in support of MSJ, #32 Exhibit FF - Order Denying SCO Mot for Leave to File 3rd Amended Complaint, #33 Exhibit GG - Order Reopening Case and Vacating Prior Order in the Utah Litigation, #34 Exhibit HH - Order Granting Jt Motion for Extension of Time for IBM to file an MSJ, #35 Exhibit II - Order Granting IBM's Motion for Partial Summary Judgment in the Utah Litigation [Dkt 782], #36 Exhibit JJ - Order Granting IBM's Motion for Partial Summary Judgment in the Utah Litigation [Dkt No 783], #37 Exhibit KK -Notice of Appeal filed in the Utah Litigation, #38 Exhibit LL - 10th Circuit's Order re IBM's Petition for Panel Rehearing filed in the Utah Litigation, #39 Exhibit MM - Order Granting Stipulated Dismissal fo All Claims with Prejudice filed in the Utah Litigation, #40 Exhibit NN - Motion of Chpt 7 TTEE Per FRBrP 9019 for Entry of Order Approving Settlement, #41 Exhibit OO - Objection of Xinous to Motion of Chpt 7 TTEE for Order Approving the Settlement, #42 Exhibit PP - Transcript of Sept 22 2021 Hearing in the Bankruptcy Litigation, #43 Exhibit QQ - Bolandz Decl ISO Xinous Opposition to Defendants' Motion for Partial Summary Judgment, #44 Exhibit RR - Snyder Decl ISO Xinous' Opposition to Defendants' Motion for Partial Summary Judgment, #45 Exhibit SS - Transcript of the January 17, 2023 Conference, #46 Exhibit TT - Docket in the Bankruptcy Litigation).(Ramsey, Gabriel)
March 6, 2023 Opinion or Order Filing 126 MEMORANDUM OF LAW in Opposition re: #121 MOTION for Summary Judgment ("Notice of Defendants' Motion for Partial Summary Judgment on Plaintiff's Copyright Claim"). / Plaintiff Xinous, Inc.'s Memorandum of Law in Opposition to Defendants' Motion for Partial Summary Judgment. Document filed by Xinuos, Inc...(Ramsey, Gabriel)
March 6, 2023 Opinion or Order Filing 125 MEMORANDUM OF LAW in Opposition re: #118 MOTION to Dismiss ("Notice of Defendants' Motion to Dismiss"). / Plaintiff Xinous, Inc.'s Memorandum of Law in Support of Opposition to Defendants' Motion to Dismiss. Document filed by Xinuos, Inc...(Ramsey, Gabriel)
March 6, 2023 Opinion or Order Filing 124 DECLARATION of Emma Kolesar in Support re: #121 MOTION for Summary Judgment ("Notice of Defendants' Motion for Partial Summary Judgment on Plaintiff's Copyright Claim").. Document filed by International Business Machines Corporation, Red Hat Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27, #28 Exhibit 28, #29 Exhibit 29, #30 Exhibit 30, #31 Exhibit 31, #32 Exhibit 32, #33 Exhibit 33, #34 Exhibit 34, #35 Exhibit 35, #36 Exhibit 36, #37 Exhibit 37, #38 Exhibit 38, #39 Exhibit 39, #40 Exhibit 40, #41 Exhibit 41, #42 Exhibit 42, #43 Exhibit 43, #44 Exhibit 44, #45 Exhibit 45, #46 Exhibit 46, #47 Exhibit 47, #48 Exhibit 48, #49 Exhibit 49, #50 Exhibit 50, #51 Exhibit 51, #52 Exhibit 52, #53 Exhibit 53, #54 Exhibit 54).(Marriott, David)
March 6, 2023 Opinion or Order Filing 123 RULE 56.1 STATEMENT. Document filed by International Business Machines Corporation, Red Hat Inc...(Marriott, David)
March 6, 2023 Opinion or Order Filing 122 MEMORANDUM OF LAW in Support re: #121 MOTION for Summary Judgment ("Notice of Defendants' Motion for Partial Summary Judgment on Plaintiff's Copyright Claim"). . Document filed by International Business Machines Corporation, Red Hat Inc...(Marriott, David)
March 6, 2023 Opinion or Order Filing 121 MOTION for Summary Judgment ("Notice of Defendants' Motion for Partial Summary Judgment on Plaintiff's Copyright Claim"). Document filed by International Business Machines Corporation, Red Hat Inc...(Marriott, David)
March 6, 2023 Opinion or Order Filing 120 DECLARATION of Kathryn E. Bolas in Support re: #118 MOTION to Dismiss ("Notice of Defendants' Motion to Dismiss").. Document filed by International Business Machines Corporation, Red Hat Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C).(Marriott, David)
March 6, 2023 Opinion or Order Filing 119 MEMORANDUM OF LAW in Support re: #118 MOTION to Dismiss ("Notice of Defendants' Motion to Dismiss"). . Document filed by International Business Machines Corporation, Red Hat Inc...(Marriott, David)
March 6, 2023 Opinion or Order Filing 118 MOTION to Dismiss ("Notice of Defendants' Motion to Dismiss"). Document filed by International Business Machines Corporation, Red Hat Inc...(Marriott, David)
March 6, 2023 Opinion or Order Filing 117 FILING ERROR - DEFICIENT DOCKET ENTRY - FILER ERROR -(SEE #118) NOTICE of Defendants' Motion to Dismiss. Document filed by International Business Machines Corporation, Red Hat Inc...(Marriott, David) Modified on 3/7/2023 (kj).
February 23, 2023 Opinion or Order Filing 116 ORDER granting #115 Letter Motion for Extension of Time to File Response/Reply: Reply to be served, and all papers to be filed, by 3/6/23. (HEREBY ORDERED by Judge Cathy Seibel)(Text Only Order) (Seibel, Cathy)
February 23, 2023 Opinion or Order Filing 115 LETTER MOTION for Extension of Time to File Response/Reply in Support of Defendants' Motion to Dismiss and Motion for Partial Summary Judgment addressed to Judge Cathy Seibel from David R. Marriott dated February 23, 2023. Document filed by International Business Machines Corporation, Red Hat Inc...(Marriott, David)
February 22, 2023 Opinion or Order Filing 114 LETTER addressed to Judge Cathy Seibel from Gabriel Ramsey dated February 22, 2023 re: Plaintiffs opposition to Defendants Dispositive Motions. Document filed by Xinuos, Inc...(Ramsey, Gabriel)
February 3, 2023 Opinion or Order Filing 113 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 1/17/2023 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....(js)
February 3, 2023 Opinion or Order Filing 112 TRANSCRIPT of Proceedings re: CONFERENCE held on 1/17/2023 before Judge Cathy Seibel. Court Reporter/Transcriber: Adrienne Mignano, 92120 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 2/24/2023. Redacted Transcript Deadline set for 3/6/2023. Release of Transcript Restriction set for 5/4/2023.(js)
January 27, 2023 Opinion or Order Filing 111 LETTER addressed to Judge Cathy Seibel from David R. Marriott dated January 27, 2023 re: Defendants' Dispositive Motions. Document filed by International Business Machines Corporation, Red Hat Inc...(Marriott, David)
January 24, 2023 Opinion or Order Filing 110 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 1/17/2023 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....(js)
January 24, 2023 Opinion or Order Filing 109 TRANSCRIPT of Proceedings re: CONFERENCE held on 1/17/2023 before Judge Cathy Seibel. Court Reporter/Transcriber: Adrienne Mignano, 92120 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 2/14/2023. Redacted Transcript Deadline set for 2/24/2023. Release of Transcript Restriction set for 4/24/2023. (js)
January 17, 2023 Opinion or Order Minute Entry for proceedings held before Judge Cathy Seibel: Status Conference held on 1/17/2023. Plaintiff's counsel(s) Gabriel Ramsey, Esq., Mark Klapow, Esq., Jacob Canter, Esq., and Molly Jones, Esq. are present. Representative for Xinuos, Inc., Sean Schneider, is present. Defendant's counsel(s) David Marriott, Esq. and Emma Kolesar, Esq. are present. Law Clerk Andrew Kirschenbaum is present. For the reasons stated on the record, the Court hereby DENIES the previously filed Motion by Defendant (Doc # 43) without prejudice to renewal. Defendant's Renewed Motion to Dismiss and Motion for Summary Judgment to be submitted by January 27, 2023; Plaintiff's opposition due February 17, 2023; Defendant's reply due February 27, 2023. This proceeding was recorded via the AT&T Teleconference platform. Motion(s) terminated: #43 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by International Business Machines Corporation, Red Hat Inc. (wc)
January 10, 2023 Opinion or Order Filing 108 JOINT LETTER addressed to Judge Cathy Seibel from G. Ramsey, Attorney for Plaintiff dated January 10, 2023 re: Joint or respective positions on a schedule for moving forward (Dkt #97). Document filed by Xinuos, Inc.. (Attachments: #1 Exhibit 1 Ciivil Case Discovery Plan and Scheduling Order, #2 Exhibit 2 Stipulated Protective Order Proposed).(Ramsey, Gabriel)
January 10, 2023 Opinion or Order Filing 107 LETTER addressed to Judge Cathy Seibel from G. Ramsey, Attorney for Plaintiff dated January 10, 2023 re: Response to Letter (Dkt #102) in accordance with Court Memo Endorsement (Dkt #103). Document filed by Xinuos, Inc...(Ramsey, Gabriel)
December 23, 2022 Opinion or Order Filing 106 MEMO ENDORSED NOTICE AND ORDER FOR WITHDRAWAL OF KAYVAN GHAFFARI AS COUNSEL OF RECORD granting #104 Motion to Withdraw as Attorney. ENDORSEMENT: IT IS SO ORDERED. Attorney Kayvan Ghaffari terminated. (Signed by Judge Cathy Seibel on 12/23/2022) (mml)
December 23, 2022 Opinion or Order Filing 105 NOTICE OF APPEARANCE by Ryan Merker on behalf of Xinuos, Inc...(Merker, Ryan)
December 23, 2022 Opinion or Order Filing 104 MOTION for Kayvan Ghaffari to Withdraw as Attorney . Document filed by Xinuos, Inc...(Klapow, Mark)
December 22, 2022 Opinion or Order Filing 103 MEMO ENDORSEMENT on re: #102 Letter, filed by International Business Machines Corporation, Red Hat Inc. ENDORSEMENT: Plaintiff shall respond to this letter no later than 1/10/23, and we will discuss it at the already scheduled 1/17/23 conference. SO ORDERED. (Signed by Judge Cathy Seibel on 12/22/2022) (vfr)
December 22, 2022 Opinion or Order Filing 102 LETTER addressed to Judge Cathy Seibel from David R. Marriott dated 12/22/2022 re: Request to Arrange Pre-Motion Conference and for Leave to File Motions. Document filed by International Business Machines Corporation, Red Hat Inc...(Marriott, David)
December 13, 2022 Opinion or Order Filing 101 MEMO ENDORSEMENT on re: #100 Letter filed by International Business Machines Corporation, Red Hat Inc. ENDORSEMENT: The Clerk of Court is respectfully directed to terminate Mr. Nelson, Mr. Wolfson, Ms. Bernstein and Mr. Rudis as counsel for Defendant. Attorney Alexander Rudis; Adam Wolfson; Debra D. Bernstein and David A. Nelson terminated. (Signed by Judge Cathy Seibel on 12/13/2022) (rro)
December 13, 2022 Opinion or Order Filing 100 LETTER addressed to Judge Cathy Seibel from Alexander Rudis dated December 13, 2022 re: Withdrawal as counsel for Defendants. Document filed by International Business Machines Corporation, Red Hat Inc...(Rudis, Alexander)
December 9, 2022 Opinion or Order Filing 99 ORDER granting #92 Motion for Maria Sokova to Appear Pro Hac Vice (HEREBY ORDERED by Judge Cathy Seibel)(Text Only Order) (Seibel, Cathy)
December 9, 2022 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #92 MOTION for Maria Sokova to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27054314. Motion and supporting papers to be reviewed by Clerk's Office staff. The document has been reviewed and there are no deficiencies. (sac)
December 8, 2022 Opinion or Order Filing 98 ORDER granting #91 Motion for Jacob S. Canter to Appear Pro Hac Vice (HEREBY ORDERED by Judge Cathy Seibel)(Text Only Order) (Seibel, Cathy)
December 8, 2022 Opinion or Order Filing 97 ORDER granting #86 Letter Motion to Adjourn Conference. The Court will hold a status conference with the parties on January 17, 2023 at 10:15 a.m. The parties shall submit a joint letter by January 10th, stating their joint or respective positions on a schedule for moving forward. SO ORDERED. Status Conference set for 1/17/2023 at 10:15 AM before Judge Cathy Seibel. (Signed by Judge Cathy Seibel on 12/8/2022) (tg)
December 8, 2022 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #91 MOTION for Jacob S. Canter to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27054237. Motion and supporting papers to be reviewed by Clerk's Office staff., #92 MOTION for Maria Sokova to Appear Pro Hac Vice Filing fee $ 200.00, receipt number ANYSDC-27054314. Motion and supporting papers to be reviewed by Clerk's Office staff. The document has been reviewed and there are no deficiencies. (sac)
December 7, 2022 Opinion or Order Filing 96 ORDER FOR ADMISSION PRO HAC VICE granting #90 Motion for Molly A. Jones to Appear Pro Hac Vice. IT IS HEREBY ORDERED that Applicant is admitted to practice Pro Hac Vice in the above-captioned case in the United States District Court for the Southern District of New York. All attorneys appearing before this Court are subject to the Local Rules of this Court, including the Rules governing discipline of attorneys. SO ORDERED. (Signed by Judge Cathy Seibel on 12/6/2022) (mml)
December 7, 2022 Opinion or Order Filing 95 ORDER FOR ADMISSION PRO HAC VICE granting #89 Motion for Kyle N. Pham to Appear Pro Hac Vice. IT IS HEREBY ORDERED that Applicant is admitted to practice Pro Hac Vice in the above captioned case in the United States District Court for the Southern District of New York. All attorneys appearing before this Court are subject to the Local Rules of this Court, including the Rules governing discipline of attorneys. (Signed by Judge Cathy Seibel on 12/6/2022) (mml)
December 7, 2022 Opinion or Order Filing 94 ORDER FOR ADMISSION PRO HAC VICE granting #88 Motion for Kimberly Mejia-Cuellar to Appear Pro Hac Vice. IT IS HEREBY ORDERED that Applicant is admitted to practice Pro Hac Vice in the above captioned case in the United States District Court for the Southern District of New York. All attorneys appearing before this Court are subject to the Local Rules of this Court, including the Rules governing discipline of attorneys. SO ORDERED. (Signed by Judge Cathy Seibel on 12/6/2022) (mml)
December 7, 2022 Opinion or Order Filing 93 ORDER FOR ADMISSION PRO HAC VICE granting #87 Motion for Gabriel M. Ramsey to Appear Pro Hac Vice. IT IS HEREBY ORDERED that Applicant is admitted to practice Pro Hac Vice in the above captioned case in the United States District Court for the Southern District of New York. All attorneys appearing before this Court are subject to the Local Rules of this Court, including the Rules governing discipline of attorneys. SO ORDERED. (Signed by Judge Cathy Seibel on 12/6/2022) (mml)
December 7, 2022 Opinion or Order Filing 92 MOTION for Maria Sokova to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27054314. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Xinuos, Inc.. (Attachments: #1 Affidavit in support of pro hac vice application, #2 Exhibit Certificate of Standing, #3 Text of Proposed Order Granting PHV Motion of M. Sokova).(Sokova, Maria)
December 7, 2022 Opinion or Order Filing 91 MOTION for Jacob S. Canter to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27054237. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Xinuos, Inc.. (Attachments: #1 Affidavit in support of pro hac vice application, #2 Exhibit Certificate of Standing CA, #3 Exhibit Certificate of Standing - DC, #4 Text of Proposed Order Granting PHV Motion of J. Canter).(Canter, Jacob)
December 7, 2022 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #87 MOTION for Gabriel M. Ramsey to Appear Pro Hac Vice (Re: Correction of Deficiency Dkt. No. 83) Filing fee $200.00 receipt number ANYSDC-27015900. Motion and supporting papers to be reviewed by Clerk's Office sta. The document has been reviewed and there are no deficiencies. (aea)
December 7, 2022 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #88 MOTION for Kimberly Mejia-Cuellar to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27050718. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (aea)
December 7, 2022 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #90 MOTION for Molly A. Jones to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27050814. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (aea)
December 7, 2022 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #89 MOTION for Kyle N. Pham to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27050776. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (aea)
December 6, 2022 Opinion or Order Filing 90 MOTION for Molly A. Jones to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27050814. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Xinuos, Inc.. (Attachments: #1 Affidavit in support of pro hac vice application, #2 Exhibit Certificate of Standing, #3 Text of Proposed Order Granting PHV Motion of M. Jones).(Jones, Molly)
December 6, 2022 Opinion or Order Filing 89 MOTION for Kyle N. Pham to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27050776. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Xinuos, Inc.. (Attachments: #1 Affidavit in support of pro hac vice application, #2 Exhibit Certificate of Standing, #3 Text of Proposed Order Granting PHV Motion of Kyle Pham).(Pham, Kyle)
December 6, 2022 Opinion or Order Filing 88 MOTION for Kimberly Mejia-Cuellar to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27050718. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Xinuos, Inc.. (Attachments: #1 Affidavit in support of pro hac vice application, #2 Exhibit Certificate of Standing, #3 Text of Proposed Order Granting PHV Motion of K. Mejia-Cuellar).(Mejia-Cuellar, Kimberly)
December 6, 2022 Opinion or Order Filing 87 MOTION for Gabriel M. Ramsey to Appear Pro Hac Vice (Re: Correction of Deficiency Dkt. No. 83) Filing fee $200.00 receipt number ANYSDC-27015900. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Xinuos, Inc.. (Attachments: #1 Affidavit in support of pro hac vice application, #2 Exhibit Certificate of Standing CA, #3 Exhibit Certificate of Standing - DC, #4 Text of Proposed Order Granting PHV Motion of G. Ramsey).(Ramsey, Gabriel)
December 6, 2022 Opinion or Order Filing 86 LETTER MOTION to Adjourn Conference (requesting adjournment of initial case management conference to mid-January) addressed to Judge Cathy Seibel from David R. Marriott dated December 6, 2022. Document filed by International Business Machines Corporation, Red Hat Inc...(Marriott, David)
December 6, 2022 Opinion or Order Filing 85 NOTICE OF APPEARANCE by David R Marriott on behalf of International Business Machines Corporation, Red Hat Inc...(Marriott, David)
December 6, 2022 Opinion or Order Filing 84 LETTER MOTION for Conference addressed to Judge Cathy Seibel from Mark Klapow dated 12/6/22. Document filed by Xinuos, Inc.. (Attachments: #1 Exhibit 1).(Klapow, Mark)
November 30, 2022 Opinion or Order >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #83 MOTION for Gabriel M. Ramsey to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27015900. Motion and supporting papers to be reviewed by Clerk's Office staff. The filing is deficient for the following reason(s): missing Certificate of Good Standing from Supreme Court of California. Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order. (sac)
November 29, 2022 Opinion or Order Filing 83 FILING ERROR - DEFICIENT DOCKET ENTRY MOTION for Gabriel M. Ramsey to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27015900. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Xinuos, Inc.. (Attachments: #1 Affidavit with certificates of good standing in support of pro hac vice application, #2 Text of Proposed Order granting pro hac vice application).(Ramsey, Gabriel) Modified on 11/30/2022 (sac).
November 28, 2022 Opinion or Order Filing 82 NOTICE OF APPEARANCE by Mark Andrew Klapow on behalf of Xinuos, Inc...(Klapow, Mark)
November 28, 2022 Opinion or Order Filing 81 CERTIFICATE OF SERVICE of MOTION FOR ADMISSION PRO HAC VICE; DECLARATION OF WARRINGTON S. PARKER, III IN SUPPORT OF MOTION FOR ADMISSION PRO HAC VICE; ORDER FOR ADMISSION PRO HAC VICE served on Adam Wolfson, Debra D. Bernstein, J. Daryl Dodson, Stefan B. Herpel on November 23, 2022. Service was made by MAIL. Document filed by Xinuos, Inc...(Parker, Warrington)
November 28, 2022 Opinion or Order Filing 80 ORDER granting #79 Motion for Warrington S. Parker, III to Appear Pro Hac Vice (HEREBY ORDERED by Judge Cathy Seibel)(Text Only Order) (Seibel, Cathy)
November 28, 2022 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #79 MOTION for Warrington S. Parker, III to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27002913. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (sgz)
November 23, 2022 Opinion or Order Filing 79 MOTION for Warrington S. Parker, III to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27002913. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Xinuos, Inc.. (Attachments: #1 Affidavit of Warrington S. Parker, III, #2 Exhibit Certificate of Good Standing, #3 Text of Proposed Order for Admission Pro Hac Vice).(Parker, Warrington)
November 21, 2022 Opinion or Order Filing 78 NOTICE OF APPEARANCE by Joachim Beno Steinberg on behalf of Xinuos, Inc...(Steinberg, Joachim)
November 18, 2022 Opinion or Order NOTICE OF CASE REASSIGNMENT to Judge Cathy Seibel. Judge J. Paul Oetken is no longer assigned to the case. (aea)
November 16, 2022 Opinion or Order Filing 77 CASE TRANSFERRED IN from the United States District Court - District of Virgin Islands; Case Number: 3:21-cv-00031. Original file certified copy of transfer order and docket entries received.
November 16, 2022 Opinion or Order CASE OPENING INITIAL ASSIGNMENT NOTICE - TRANSFER CASE: This case is assigned to: Judge J. Paul Oetken. Please download and review the Individual Practices of the assigned District Judge, located at #https://nysd.uscourts.gov/judges/district-judges. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #https://nysd.uscourts.gov/rules/ecf-related-instructions..(vba)
November 16, 2022 Opinion or Order Magistrate Judge Stewart D. Aaron 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: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (vba)
November 16, 2022 Opinion or Order NOTE TO OUT OF STATE ATTORNEYS: Please visit the Court's website at https://nysd.uscourts.gov/ for information regarding admission to the S.D.N.Y. Bar and the CM/ECF Rules & Filing Instructions. (vba)
November 16, 2022 Opinion or Order Case Designated ECF. (vba)
November 14, 2022 Opinion or Order Filing 76 ORDER (RAM) Defendants' Motion to Transfer Venue, ECF #41 , is GRANTED. The Clerk of Court shall TRANSFER this case to the United States District Court for the Southern District of New York. It is further ORDERED that following transfer, the Clerk of COURT shall CLOSE this case. (JRK) [Transferred from Virgin Islands on 11/16/2022.]
November 14, 2022 Opinion or Order Filing 75 MEMORANDUM OPINION (RAM)(JRK) [Transferred from Virgin Islands on 11/16/2022.]
April 26, 2022 Opinion or Order Filing 74 MEMORANDUM OPINION AND ORDER (RM): Xinuos' motion to set a Rule 16 conference #58 is DENIED. IBM and Red Hat's motion to stay discovery pending resolution of the transfer motion #60 is GRANTED. (AO) [Transferred from Virgin Islands on 11/16/2022.]
January 12, 2022 Opinion or Order Filing 73 MEMORANDUM in Support of Opposition re #60 MOTION to Stay Discovery Pending Resolution of Their Motion for Transfer to the US District Court for the Southern District of New York (Supplemental) filed by Plaintiff Xinuos, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E) (Dodson, J. Daryl) [Transferred from Virgin Islands on 11/16/2022.]
January 7, 2022 Opinion or Order Filing 72 MEMORANDUM in Support re #60 MOTION to Stay Discovery Pending Resolution of Their Motion for Transfer to the US District Court for the Southern District of New York (Supplemental) filed by Defendants International Business Machines Corporation, Red Hat, Inc.. (Attachments: #1 Exhibit A - D. Del. Source Code Standard, #2 Exhibit B - E.D. Tex. Model Protective Order, #3 Exhibit C - SCO Action Dkt. 498, #4 Exhibit D - SCO Action Dkt. 110) (Herpel, Stefan) [Transferred from Virgin Islands on 11/16/2022.]
December 17, 2021 Opinion or Order Filing 71 ORDER (RM): Status Conference held on December 16, 2021 before U.S. Magistrate Judge Ruth Miller. (AO) [Transferred from Virgin Islands on 11/16/2022.]
December 16, 2021 Opinion or Order Filing 70 Minute Entry for proceedings held before US Magistrate Judge Ruth Miller: Status Conference held on 12/16/2021. (TRH) [Transferred from Virgin Islands on 11/16/2022.]
December 9, 2021 Opinion or Order Filing 69 ORDER (RM) granting #68 Motion to permit defendants' pro hac vice counsel to participate by telephone. Conference call information shall be provided via email. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (AO) [Transferred from Virgin Islands on 11/16/2022.]
December 8, 2021 Opinion or Order Filing 68 MOTION Permitting Defendants' Pro Hac Vice Lawyers to Appear Remotely at 12/16/21 Status Conference by Defendants International Business Machines Corporation, Red Hat, Inc.. Motions referred to Magistrate Judge Ruth Miller. (Attachments: #1 Text of Proposed Order Order Permitting Remote Participation at Status Conference) (Herpel, Stefan) [Transferred from Virgin Islands on 11/16/2022.]
December 6, 2021 Opinion or Order Filing 67 ORDER (RM): Status Conference set for December 16, 2021 at 02:00 PM in Chambers before US Magistrate Judge Ruth Miller. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (AO) [Transferred from Virgin Islands on 11/16/2022.]
November 17, 2021 Opinion or Order Filing 66 REPLY to Opposition to Motion re #65 Opposition to Motion to Stay Discovery Pending Resolution of Defendants' Motion for Transfer to the United States District Court for the Southern District of New York filed by Defendants International Business Machines Corporation, Red Hat, Inc.. (Herpel, Stefan) [Transferred from Virgin Islands on 11/16/2022.]
November 10, 2021 Opinion or Order Filing 65 Opposition to Motion re #60 MOTION to Stay Discovery Pending Resolution of Their Motion for Transfer to the US District Court for the Southern District of New York filed by Plaintiff Xinuos, Inc.. (Dodson, J. Daryl) [Transferred from Virgin Islands on 11/16/2022.]
November 8, 2021 Opinion or Order Filing 64 REPLY to re #59 Opposition to Motion filed by Defendant Red Hat, Inc., Defendant International Business Machines Corporation, #58 MOTION To Enter Order Setting Rule 16 Conference filed by Plaintiff Xinuos, Inc. filed by Plaintiff Xinuos, Inc.. Responses due by 11/21/2021 (Dodson, J. Daryl) [Transferred from Virgin Islands on 11/16/2022.]
November 3, 2021 Opinion or Order Filing 63 NOTICE Re Filing of Reply to Motion to Set Rule 16 Conference and Opposition to Motion to Stay by Xinuos, Inc. re #60 MOTION to Stay Discovery Pending Resolution of Their Motion for Transfer to the US District Court for the Southern District of New York, #59 Opposition to Motion (Dodson, J. Daryl) [Transferred from Virgin Islands on 11/16/2022.]
November 1, 2021 Opinion or Order Filing 62 NOTICE of Change of Address by Stefan B. Herpel (Herpel, Stefan) [Transferred from Virgin Islands on 11/16/2022.]
November 1, 2021 Opinion or Order Filing 61 MEMORANDUM in Support re #60 MOTION to Stay Discovery Pending Resolution of Their Motion for Transfer to the US District Court for the Southern District of New York filed by Defendants International Business Machines Corporation, Red Hat, Inc.. (Herpel, Stefan) [Transferred from Virgin Islands on 11/16/2022.]
November 1, 2021 Opinion or Order Filing 60 MOTION to Stay Discovery Pending Resolution of Their Motion for Transfer to the US District Court for the Southern District of New York by Defendants International Business Machines Corporation, Red Hat, Inc.. Motions referred to Magistrate Judge Ruth Miller. (Attachments: #1 Text of Proposed Order Granting Defendants' Motion to Stay Discovery Pending Resolution of Their Motion for Transfer) (Herpel, Stefan) [Transferred from Virgin Islands on 11/16/2022.]
November 1, 2021 Opinion or Order Filing 59 Opposition to Motion re #58 MOTION To Enter Order Setting Rule 16 Conference filed by Defendants International Business Machines Corporation, Red Hat, Inc.. (Herpel, Stefan) [Transferred from Virgin Islands on 11/16/2022.]
October 21, 2021 Opinion or Order Filing 58 MOTION To Enter Order Setting Rule 16 Conference by Plaintiff Xinuos, Inc.. Motions referred to Magistrate Judge Ruth Miller. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Text of Proposed Order) (Dodson, J. Daryl) [Transferred from Virgin Islands on 11/16/2022.]
August 11, 2021 Opinion or Order Filing 57 REPLY to Opposition to Motion re #52 Memorandum in Support of Opposition, #44 Memorandum in Support to Motion, #43 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Defendants International Business Machines Corporation, Red Hat, Inc.. (Herpel, Stefan) [Transferred from Virgin Islands on 11/16/2022.]
August 11, 2021 Opinion or Order Filing 56 REPLY to Opposition to Motion re #42 Memorandum in Support to Motion,, #51 Memorandum in Support of Opposition, #41 MOTION to Change Venue filed by Defendants International Business Machines Corporation, Red Hat, Inc.. (Herpel, Stefan) [Transferred from Virgin Islands on 11/16/2022.]
August 6, 2021 Opinion or Order Filing 55 NOTICE Joint Notice of Availability for Hearing by Xinuos, Inc. (Dodson, J. Daryl) [Transferred from Virgin Islands on 11/16/2022.]
August 6, 2021 Opinion or Order Filing 54 ORDER (RM) granting #53 unopposed Motion for Extension of Time to File Reply re #41 MOTION to Change Venue. Replies are due by 8/11/2021.(This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) [Transferred from Virgin Islands on 11/16/2022.]
August 5, 2021 Opinion or Order Filing 53 Joint MOTION for Extension of Time to File Response/Reply as to #51 Memorandum in Support of Opposition, by Defendants International Business Machines Corporation, Red Hat, Inc.. Motions referred to Magistrate Judge Ruth Miller. (Attachments: #1 Text of Proposed Order) (Herpel, Stefan) [Transferred from Virgin Islands on 11/16/2022.]
July 28, 2021 Opinion or Order Filing 52 MEMORANDUM in Support of Opposition re #43 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Plaintiff Xinuos, Inc.. (Dodson, J. Daryl) [Transferred from Virgin Islands on 11/16/2022.]
July 28, 2021 Opinion or Order Filing 51 MEMORANDUM in Support of Opposition re #41 MOTION to Change Venue filed by Plaintiff Xinuos, Inc.. (Attachments: #1 Exhibit Declaration of Sean Snyder, #2 Exhibit Snyder Declaration Exhibit A, #3 Exhibit Declaration of Gabriel Ramsey) (Dodson, J. Daryl) [Transferred from Virgin Islands on 11/16/2022.]
July 1, 2021 Opinion or Order Filing 50 Minute Entry for proceedings held before US Magistrate Judge Ruth Miller: Teams Video Oath of Admission Hearing held on 7/1/2021. (TRH) [Transferred from Virgin Islands on 11/16/2022.]
June 24, 2021 Opinion or Order Filing 49 ORDER (RM): Oath of Admission hearing for David A. Nelson, Esq., shall be administered on July 1, 2021 at 10:30 AM via Microsoft Teams, before US Magistrate Judge Ruth Miller. Teams information shall be emailed to counsel. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (AO) [Transferred from Virgin Islands on 11/16/2022.]
June 23, 2021 Opinion or Order Filing 48 ORDER (RM) dated 6/23/2021 that #45 David A. Nelson, Esquire, is admitted pro hac vice to practice before this Court in this case, and he shall appear before this Court to take the oath prior to such practice. (CAB) [Transferred from Virgin Islands on 11/16/2022.]
June 21, 2021 Opinion or Order Filing 47 ORDER (RM) granting #46 Motion for Extension of Time to File Response re #43 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and #41 MOTION to Change Venue. Responses are due by July 28, 2021.(This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) [Transferred from Virgin Islands on 11/16/2022.]
June 21, 2021 Opinion or Order Filing 46 Joint MOTION for Extension of Time to File Response/Reply as to #43 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, #41 MOTION to Change Venue by Plaintiff Xinuos, Inc.. Motions referred to Magistrate Judge Ruth Miller. (Attachments: #1 Text of Proposed Order) (Dodson, J. Daryl) [Transferred from Virgin Islands on 11/16/2022.]
June 8, 2021 Opinion or Order Filing 45 MOTION for Leave to Appear Pro Hac Vice of Attorney: David A. Nelson, Esq.(paid $250 PHV fee; receipt number AVIDC-939667) by Defendants International Business Machines Corporation, Red Hat, Inc.. Motions referred to Magistrate Judge Ruth Miller. (Attachments: #1 Exhibit 1 - Pro Hac Vice Application 2 - Certificate of Good Standing 3 - Declaration of David A. Nelson, #2 Text of Proposed Order [Proposed] Order Granting Pro Hac Vice Admission of David A. Nelson) (Herpel, Stefan) [Transferred from Virgin Islands on 11/16/2022.]
June 7, 2021 Opinion or Order Filing 44 MEMORANDUM in Support re #43 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Defendants International Business Machines Corporation, Red Hat, Inc.. (Herpel, Stefan) [Transferred from Virgin Islands on 11/16/2022.]
June 7, 2021 Opinion or Order Filing 43 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendants International Business Machines Corporation, Red Hat, Inc.. (Attachments: #1 Text of Proposed Order Granting Motion to Dismiss for Failure to State a Claim) (Herpel, Stefan) [Transferred from Virgin Islands on 11/16/2022.]
June 7, 2021 Opinion or Order Filing 42 MEMORANDUM in Support re #41 MOTION to Change Venue to Southern District of New York filed by Defendants International Business Machines Corporation, Red Hat, Inc.. (Attachments: #1 Affidavit Declaration of John Thompson, #2 Exhibit 1 - Declaration of John Thompson, #3 Exhibit 2 - Declaration of John Thompson, #4 Exhibit 3 - Declaration of John Thompson, #5 Exhibit 4 - Declaration of John Thompson, #6 Exhibit 5 - Declaration of John Thompson, #7 Exhibit 6 - Declaration of John Thompson, #8 Exhibit 7 - Declaration of John Thompson, #9 Exhibit 8 - Declaration of John Thompson, #10 Exhibit 9 - Declaration of John Thompson) (Herpel, Stefan) [Transferred from Virgin Islands on 11/16/2022.]
June 7, 2021 Opinion or Order Filing 41 MOTION to Change Venue by Defendants International Business Machines Corporation, Red Hat, Inc.. Motions referred to Magistrate Judge Ruth Miller. (Attachments: #1 Text of Proposed Order Granting Motion for Transfer) (Herpel, Stefan) [Transferred from Virgin Islands on 11/16/2022.]
June 4, 2021 Opinion or Order Filing 40 ORDER (RM) granting #39 Motion for Leave to File Excess Pages. The initial memorandum and the response memorandum may be filed with up to 10 additional pages each. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)[Transferred from Virgin Islands on 11/16/2022.]
June 3, 2021 Opinion or Order Filing 39 Joint MOTION for Leave to File Excess Pages for Forthcoming Brief in Support of 12(b)(6) Motion and Opposition Brief by Defendants International Business Machines Corporation, Red Hat, Inc.. Motions referred to Magistrate Judge Ruth Miller. (Attachments: #1 Text of Proposed Order [Proposed] Order Granting the Parties' Joint Motion to Extend Page Limits) (Herpel, Stefan) [Transferred from Virgin Islands on 11/16/2022.]
May 21, 2021 Opinion or Order Filing 38 AMENDED ORDER (RM) dated 5/21/21 Granting Motion for Admission Pro Hac Vice of Adam Wolfson, Esquire. (CAB) [Transferred from Virgin Islands on 11/16/2022.]
May 13, 2021 Opinion or Order Filing 37 OATH OF ADMISSION of Debra Bernstein, Esquire Related Document: #34 (CAB) (CAB). [Transferred from Virgin Islands on 11/16/2022.]
May 13, 2021 Opinion or Order Filing 36 OATH OF ADMISSION of Alexander Rudis, Esquire Related Document: #34 (CAB) (CAB). [Transferred from Virgin Islands on 11/16/2022.]
May 13, 2021 Opinion or Order Filing 35 OATH OF ADMISSION of Adam Wolfson, Esquire Related Document: #34 (CAB) (CAB). [Transferred from Virgin Islands on 11/16/2022.]
May 13, 2021 Opinion or Order Filing 34 Minute Entry for proceedings held before US Magistrate Judge Ruth Miller: Attorney Oath of Admission Hearing held on 5/13/2021. (TRH) [Transferred from Virgin Islands on 11/16/2022.]
May 4, 2021 Opinion or Order Filing 33 ORDER (RM): Oath of Admission hearing for plaintiff's pro hac vice counsel shall be administered on May 13, 2021 at 3:00 PM via Teams video, before US Magistrate Judge Ruth Miller. Teams information shall be emailed to counsel. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) AO [Transferred from Virgin Islands on 11/16/2022.]
April 30, 2021 Opinion or Order Filing 32 ORDER (RM) dated 4/30/2021 that #29 the motion is GRANTED and Alexander Rudis, Esquire, is admitted pro hac vice to practice before this Court in this case, and he shall appear before this Court to take the oath prior to such practice. (CAB) [Transferred from Virgin Islands on 11/16/2022.]
April 30, 2021 Opinion or Order Filing 31 ORDER (RM) dated 4/30/2021 that #28 the motion is GRANTED and Debra D. Bernstein, Esquire, is admitted pro hac vice to practice before this Court in this case, and she shall appear before this Court to take the oath prior to such practice. (CAB) [Transferred from Virgin Islands on 11/16/2022.]
April 30, 2021 Opinion or Order Filing 30 ORDER (RM) dated 4/30/2021 that #27 the motion is GRANTED and Adam Wolfson, Esquire is admitted pro hac vice to practice before this Court in this case, and he shall appear before this Court to take the oath prior to such practice. (CAB) [Transferred from Virgin Islands on 11/16/2022.]
April 28, 2021 Opinion or Order Filing 29 MOTION for Leave to Appear Pro Hac Vice of Attorney: Alexander Rudis(paid $250 PHV fee; receipt number AVIDC-932942) by Defendants International Business Machines Corporation, Red Hat, Inc.. Motions referred to Magistrate Judge Ruth Miller. (Attachments: #1 Exhibit Exhibits 1-3, #2 Text of Proposed Order Admitting Attorney Rudis Pro Hac Vice) (Herpel, Stefan) [Transferred from Virgin Islands on 11/16/2022.]
April 28, 2021 Opinion or Order Filing 28 MOTION for Leave to Appear Pro Hac Vice of Attorney: DEBRA BERNSTEIN(paid $250 PHV fee; receipt number AVIDC-932938) by Defendants International Business Machines Corporation, Red Hat, Inc.. Motions referred to Magistrate Judge Ruth Miller. (Attachments: #1 Exhibit Exhibits 1-3, #2 Text of Proposed Order Admitting Attorney Bernstein Pro Hac Vice) (Herpel, Stefan) [Transferred from Virgin Islands on 11/16/2022.]
April 28, 2021 Opinion or Order Filing 27 MOTION for Leave to Appear Pro Hac Vice of Attorney: Adam Wolfson(paid $250 PHV fee; receipt number AVIDC-932935) by Defendants International Business Machines Corporation, Red Hat, Inc.. Motions referred to Magistrate Judge Ruth Miller. (Attachments: #1 Exhibit Exhibits 1-3, #2 Text of Proposed Order Admitting Attorney Wolfson Pro Hac Vice) (Herpel, Stefan) [Transferred from Virgin Islands on 11/16/2022.]
April 21, 2021 Opinion or Order Filing 26 ORDER (RM) granting #25 Motion for Extension of Time to Answer as to all Defendants. The defendants' responses to the complaint are due no later than June 7, 2021. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) [Transferred from Virgin Islands on 11/16/2022.]
April 20, 2021 Opinion or Order Filing 25 Joint MOTION for Extension of Time to File Answer or Otherwise Respond to Complaint by Defendants International Business Machines Corporation, Red Hat, Inc.. Motions referred to Magistrate Judge Ruth Miller. (Attachments: #1 Text of Proposed Order ExtendingTime to Respond to Complaint) (Herpel, Stefan) [Transferred from Virgin Islands on 11/16/2022.]
April 15, 2021 Opinion or Order Filing 24 OATH OF ADMISSION of Gabriel M. Ramsey, Esquire Related Document: 17 (CAB) [Transferred from Virgin Islands on 11/16/2022.]
April 15, 2021 Opinion or Order Filing 23 OATH OF ADMISSION Warrington S. Parker, Esquire Related Document: 17 (CAB) [Transferred from Virgin Islands on 11/16/2022.]
April 15, 2021 Opinion or Order Filing 22 OATH OF ADMISSION of Kayvan Ghaffari, Esquire Related Document: 17 (CAB) (CAB). [Transferred from Virgin Islands on 11/16/2022.]
April 15, 2021 Opinion or Order Filing 21 OATH OF ADMISSION of Mark Klapow, Esquire Related Document: 17 (CAB) [Transferred from Virgin Islands on 11/16/2022.]
April 15, 2021 Opinion or Order Filing 20 OATH OF ADMISSION of Jacob S. Canter, Esquire Related Document: 17 (CAB) [Transferred from Virgin Islands on 11/16/2022.]
April 7, 2021 Opinion or Order Filing 19 SUMMONS Returned Executed by Xinuos, Inc.. (Dodson, J. Daryl) [Transferred from Virgin Islands on 11/16/2022.]
April 7, 2021 Opinion or Order Filing 18 SUMMONS Returned Executed by Xinuos, Inc.. (Dodson, J. Daryl) [Transferred from Virgin Islands on 11/16/2022.]
April 7, 2021 Opinion or Order Filing 17 ORDER (RM): Oath of Admission hearing for all pro hac vice counsel shall be administered on April 15, 2021 at 11:30 AM via Microsoft Teams, before U.S. Magistrate Judge Ruth Miller. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (AO) [Transferred from Virgin Islands on 11/16/2022.]
April 7, 2021 Opinion or Order NOTICE OF CORRECTED DOCKET ENTRYRe: #11 Summons Returned Executed, #10 Summons Returned Executed. Event and PDF don't match. (TNS) [Transferred from Virgin Islands on 11/16/2022.]
April 6, 2021 Opinion or Order Filing 16 ORDER (RM) dated 4/6/2021 that #6 the motion is GRANTED and Warrington S. Parker, Esquire, is admitted pro hac vice to practice before this Court in this case, and he shall appear before this Court in person to take the oath when he is next in this jurisdiction. (CAB) [Transferred from Virgin Islands on 11/16/2022.]
April 6, 2021 Opinion or Order Filing 15 ORDER (RM) dated 4/6/2021 that #5 the motion is GRANTED and Mark A. Klapow, Esquire, is admitted pro hac vice to practice before this Court in this case, and he shall appear before this Court in person to take the oath when he is next in this jurisdiction. (CAB) [Transferred from Virgin Islands on 11/16/2022.]
April 6, 2021 Opinion or Order Filing 14 ORDER (RM) dated 4/6/2021 that #4 the motion is GRANTED and Kayvan Ghaffari, Esquire, is admitted pro hac vice to practice before this Court in this case, and he shall appear before this Court in person to take the oath when he is next in this jurisdiction. (CAB) [Transferred from Virgin Islands on 11/16/2022.]
April 6, 2021 Opinion or Order Filing 13 ORDER (RM) dated 4/6/2021 that #3 the motion is GRANTED and Jacob S. Canter, Esquire, is admitted pro hac vice to practice before this Court in this case, and he shall appear before this Court in person to take the oath when he is next in this jurisdiction. (CAB) [Transferred from Virgin Islands on 11/16/2022.]
April 6, 2021 Opinion or Order Filing 12 ORDER (RM) dated 4/6/2021 that #2 the motion is GRANTED and Gabriel M. Ramsey, Esquire, is admitted pro hac vice to practice before this Court in this case, and he shall appear before this Court in person to take the oath when he is next in this jurisdiction. (CAB) [Transferred from Virgin Islands on 11/16/2022.]
April 5, 2021 Opinion or Order Filing 11 SUMMONS Returned Executed by Xinuos, Inc.. Red Hat, Inc. served on 4/2/2021, answer due 4/23/2021. (Attachments: #1 Exhibit A summons returned executed) (Dodson, J. Daryl) [Transferred from Virgin Islands on 11/16/2022.]
April 5, 2021 Opinion or Order Filing 10 SUMMONS Returned Executed by Xinuos, Inc.. International Business Machines Corporation served on 4/2/2021, answer due 4/23/2021. (Attachments: #1 Exhibit A summmons returned executed) (Dodson, J. Daryl) [Transferred from Virgin Islands on 11/16/2022.]
April 1, 2021 Opinion or Order Filing 9 CLERK'S NOTICE to Parties of Consent and Reference of A Civil Action to Magistrate Judge with a copy of Notice attached to each summons. (EMK) [Transferred from Virgin Islands on 11/16/2022.]
April 1, 2021 Opinion or Order Filing 8 Summons Issued as to Red Hat, Inc. (EMK) [Transferred from Virgin Islands on 11/16/2022.]
April 1, 2021 Opinion or Order Filing 7 Summons Issued as to International Business Machines Corporation. (EMK) [Transferred from Virgin Islands on 11/16/2022.]
March 31, 2021 Opinion or Order Filing 6 MOTION for Leave to Appear Pro Hac Vice of Attorney: Warrington S. Parker(paid $250 PHV fee; receipt number AVIDC-924874) by Plaintiff Xinuos, Inc.. (Attachments: #1 Exhibit Nos. 1-3, #2 Text of Proposed Order) (Dodson, J. Daryl) [Transferred from Virgin Islands on 11/16/2022.]
March 31, 2021 Opinion or Order Filing 5 MOTION for Leave to Appear Pro Hac Vice of Attorney: Mark A. Klapow(paid $250 PHV fee; receipt number AVIDC-924872) by Plaintiff Xinuos, Inc.. (Attachments: #1 Exhibit Nos. 1-3, #2 Text of Proposed Order) (Dodson, J. Daryl) [Transferred from Virgin Islands on 11/16/2022.]
March 31, 2021 Opinion or Order Filing 4 MOTION for Leave to Appear Pro Hac Vice of Attorney: Kayvan Ghaffari(paid $250 PHV fee; receipt number AVIDC-924870) by Plaintiff Xinuos, Inc.. (Attachments: #1 Exhibit Nos. 1-3, #2 Text of Proposed Order) (Dodson, J. Daryl) [Transferred from Virgin Islands on 11/16/2022.]
March 31, 2021 Opinion or Order Filing 3 MOTION for Leave to Appear Pro Hac Vice of Attorney: Jacob S. Canter(paid $250 PHV fee; receipt number AVIDC-924869) by Plaintiff Xinuos, Inc.. (Attachments: #1 Exhibit Nos. 1-3, #2 Text of Proposed Order) (Dodson, J. Daryl) [Transferred from Virgin Islands on 11/16/2022.]
March 31, 2021 Opinion or Order Filing 2 MOTION for Leave to Appear Pro Hac Vice of Attorney: Gabriel M. Ramsey(paid $250 PHV fee; receipt number AVIDC-924865) by Plaintiff Xinuos, Inc.. (Attachments: #1 Exhibit Exhibits 1-3, #2 Text of Proposed Order) (Dodson, J. Daryl) [Transferred from Virgin Islands on 11/16/2022.]
March 31, 2021 Opinion or Order Filing 1 COMPLAINT against All Defendants ( Filing fee $ 402 receipt number AVIDC-924817.)filed by Xinuos, Inc.. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit Summons to IBM, #6 Exhibit Summons to Red Hat, #7 Exhibit Corporate Disclosure) (Dodson, J. Daryl) [Transferred from Virgin Islands on 11/16/2022.]

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Search for this case: Xinuos, Inc. v. International Business Machines Corporation et al
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Plaintiff: Xinuos, Inc.
Represented By: Gabriel M Ramsey
Represented By: Jacob S. Canter
Represented By: Kayvan Ghaffari
Represented By: Mark A. Klapow
Represented By: Warrington S. Parker
Represented By: J. Daryl Dodson
Represented By: Warrington S. Parker, III
Represented By: Joachim Beno Steinberg
Represented By: Kimberly S Mejia-Cuellar
Represented By: Kyle Pham
Represented By: Maria N. Sokova
Represented By: Mark Andrew Klapow
Represented By: Molly Jones
Represented By: Ryan Merker
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Defendant: International Business Machines Corporation
Represented By: Adam Wolfson
Represented By: Alexander Rudis
Represented By: David A. Nelson
Represented By: Debra D. Bernstein
Represented By: Stefan B. Herpel
Represented By: David R Marriott
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Defendant: Red Hat Inc.
Represented By: Adam Wolfson
Represented By: Alexander Rudis
Represented By: David A. Nelson
Represented By: Debra D. Bernstein
Represented By: Stefan B. Herpel
Represented By: David R Marriott
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