NCR Voyix Corporation v. Embarcadero Technologies Europe Limited
| NCR Voyix Corporation |
| Embarcadero Technologies Europe Limited |
| NCR Voyix Corporation |
| Embarcadero Technologies Europe Limited |
| 1:2024cv04458 |
| June 10, 2024 |
| US District Court for the Southern District of New York |
| John G Koeltl |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity Action |
| Plaintiff |
Docket Report
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This docket was last retrieved on July 31, 2024. A more recent docket listing may be available from PACER.
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Filing 29
ORDER FOR ADMISSION PRO HAC VICE granting #28 Motion for Joel D. Bush, II to Appear Pro Hac Vice. (Signed by Judge John G. Koeltl on 7/31/2024) (ks)
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| Filing 28 MOTION for Joel D. Bush, II to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-29678592. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by NCR Voyix Corporation. (Attachments: #1 Affidavit of Joel D. Bush, II, #2 Proposed Order Granting Motion for Appearance Pro Hac Vice of Joel D. Bush, II).(Bush, Joel) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #28 MOTION for Joel D. Bush, II to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-29678592. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bc) |
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Filing 27
ORDER: The parties are directed to submit a Rule 26(f) report by August 9, 2024. SO ORDERED. (Signed by Judge John G. Koeltl on 7/25/2024) (tg)
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| Filing 26 ANSWER to #1 Complaint,., COUNTERCLAIM against NCR Voyix Corporation. Document filed by Embarcadero Technologies Europe Limited..(Degennaro, Christopher) |
| Filing 25 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Embarcadero Technologies, Inc. for Embarcadero Technologies Europe Limited. Document filed by Embarcadero Technologies Europe Limited..(Degennaro, Christopher) |
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Filing 24
ORDER granting #23 Letter Motion for Extension of Time to Answer re #23 CONSENT LETTER MOTION for Extension of Time to File Answer addressed to Judge John G. Koeltl from Christopher A. DeGennaro dated 07/02/2024.. APPLICATION GRANTED. SO ORDERED. (Signed by Judge John G. Koeltl on 7/3/2024) Embarcadero Technologies Europe Limited due by 7/9/2024 (ks)
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| Filing 23 CONSENT LETTER MOTION for Extension of Time to File Answer addressed to Judge John G. Koeltl from Christopher A. DeGennaro dated 07/02/2024. Document filed by Embarcadero Technologies Europe Limited..(Degennaro, Christopher) |
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Filing 22
ORDER FOR ADMISSION PRO HAC VICE granting #21 Motion for Todd A. Murray to Appear Pro Hac Vice. (Signed by Judge John G. Koeltl on 6/24/2024) (ks)
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| Filing 21 MOTION for Todd A. Murray to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Embarcadero Technologies Europe Limited. (Attachments: #1 Affidavit of Todd A. Murray, #2 Exhibit A - Supreme Court of Texas Certificate of Good Standing, #3 Proposed Order Granting Pro Hac Vice Admission).(Murray, Todd) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #21 MOTION for Todd A. Murray to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (rju) |
| Filing 20 FILING ERROR - PDF ERROR - MOTION for Todd A. Murray to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number BNYSDC-29511660. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Embarcadero Technologies Europe Limited. (Attachments: #1 Affidavit of Todd A. Murray, #2 Exhibit A - Certificate of Good Standing, #3 Proposed Order for Admission Pro Hac Vice).(Murray, Todd) Modified on 6/20/2024 (bc). |
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Filing 19
JOINT STIPULATION AND ORDER RESPECTING AD INTERIM INJUNCTIVE RELIEF AND CONSOLIDATED FINAL HEARING ON THE MERITS: This matter having been opened to the Court upon the Stipulation of the parties, and upon all the pleadings and proceedings herein, and good cause otherwise appearing for the relief requested, it is hereby: ORDERED that a final hearing on the merits of all claims and counterclaims, if any, shall take place this Court, subject to the Court's availability, on the 8th day of January 2025, at 10:00 a.m., or on a mutually agreeable date as soon thereafter as the Court is available, before the Honorable John G. Koeltl, at the United States District Courthouse for the Southern District of New York, 500 Pearl Street, New York, New York; and it is further ORDERED that the Defendant shall se1ve and file its Answer to the Complaint and any Affirmative Defenses or Counterclaims on or before the 9th of July 2024; and it is further set forth in this Order. SO ORDERED (Signed by Judge John G. Koeltl on 6/20/2024) Embarcadero Technologies Europe Limited answer due 7/9/2024.( Final Pretrial Conference set for 1/8/2025 at 10:00 AM before Judge John G. Koeltl.) (ks)
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| Filing 18 NOTICE OF APPEARANCE by Christopher Albert Degennaro on behalf of Embarcadero Technologies Europe Limited..(Degennaro, Christopher) |
| Filing 17 PROPOSED STIPULATION AND ORDER. Document filed by NCR Voyix Corporation..(Whitmer, Frederick) |
| >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #20 MOTION for Todd A. Murray to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number BNYSDC-29511660. 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 Texas;. 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.. (bc) |
| Filing 16 JOINT LETTER addressed to Judge John G. Koeltl from Christopher A. DeGennaro dated June 14, 2024 re: Joint Request for Adjournment. Document filed by Embarcadero Technologies Europe Limited..(Degennaro, Christopher) |
| Minute Entry for proceedings held before Judge John G. Koeltl: Show Cause Hearing set for 6/14/2024 adjourned to 6/20/2024 at 01:00 PM before Judge John G. Koeltl. Dial-in: 888 363-4749, with access code 8140049. (Fletcher, Donnie) |
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Filing 15
ORDER granting #11 Letter Motion to Seal. APPLICATION GRANTED. SO ORDERED. (Signed by Judge John G. Koeltl on 6/13/2024) (ks)
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| Filing 14 DECLARATION of Burleigh L. Singleton in Support re: #8 EMERGENCY MOTION for Temporary Restraining Order .. Document filed by NCR Voyix Corporation..(Whitmer, Frederick) |
| Filing 13 DECLARATION of Burleigh L. Singleton (Rule 65) in Support re: #8 EMERGENCY MOTION for Temporary Restraining Order .. Document filed by NCR Voyix Corporation..(Whitmer, Frederick) |
| Filing 12 ***SELECTED PARTIES*** LETTER addressed to Judge John G. Koeltl from Frederick L. Whitmer dated June 13, 2024 re: permission to file under seal the Settlement Agreement. Document filed by NCR Voyix Corporation. (Attachments: #1 Exhibit [Settlement Agreement (seal)])Motion or Order to File Under Seal: #11 .(Whitmer, Frederick) |
| Filing 11 LETTER MOTION to Seal the Settlement Agreement addressed to Judge John G. Koeltl from Frederick L. Whitmer dated June 13, 2024. Document filed by NCR Voyix Corporation..(Whitmer, Frederick) |
| Filing 10 DECLARATION of Anthony Tony Cusack in Support re: #8 EMERGENCY MOTION for Temporary Restraining Order .. Document filed by NCR Voyix Corporation. (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).(Whitmer, Frederick) |
| Filing 9 MEMORANDUM OF LAW in Support re: #8 EMERGENCY MOTION for Temporary Restraining Order . . Document filed by NCR Voyix Corporation..(Whitmer, Frederick) |
| Filing 8 EMERGENCY MOTION for Temporary Restraining Order . Document filed by NCR Voyix Corporation..(Whitmer, Frederick) (Refer to ECF Rule 13.19(b) and (c) for directions regarding promptly alerting the court to this filing.) |
| Filing 7 ***SELECTED PARTIES*** LETTER addressed to Judge John G. Koeltl from Frederick L. Whitmer dated June 13, 2024 re: permission to seal Exhibit 5 to the Complaint (Doc. 1-5). Document filed by NCR Voyix Corporation. (Attachments: #1 Exhibit 5 to the Complaint (sealed))Motion or Order to File Under Seal: #6 .(Whitmer, Frederick) |
| Filing 6 LETTER MOTION to Seal Exhibit 5 to the Complaint (Doc. 1-5) addressed to Judge John G. Koeltl from Frederick L. Whitmer dated June 13, 2024. Document filed by NCR Voyix Corporation. (Attachments: #1 Exhibit 5 to the Complaint (redacted)).(Whitmer, Frederick) |
| Minute Entry for proceedings held before Judge John G. Koeltl: Show Cause Hearing set for 6/14/2024 at 01:00 PM before Judge John G. Koeltl. Dial-in: 888 363-4749, with access code 8140049. Plaintiff shall notify all parties of this proceeding and serve all papers, as soon as possible. (Fletcher, Donnie) |
| Filing 5 ELECTRONIC SUMMONS ISSUED as to Embarcadero Technologies Europe Limited. (vf) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge John G. Koeltl. 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..(vf) |
| Magistrate Judge Ona T. Wang is designated to handle matters that may be referred in this case. 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. (vf) |
| Case Designated ECF. (vf) |
| Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to Embarcadero Technologies Europe Limited, re: #1 Complaint,. Document filed by NCR Voyix Corporation..(Whitmer, Frederick) |
| Filing 3 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Other Affiliate The Vanguard Group, Inc., Other Affiliate Blackrock, Inc. for NCR Voyix Corporation. Document filed by NCR Voyix Corporation..(Whitmer, Frederick) |
| Filing 2 CIVIL COVER SHEET filed..(Whitmer, Frederick) |
| Filing 1 COMPLAINT against Embarcadero Technologies Europe Limited. (Filing Fee $ 405.00, Receipt Number ANYSDC-29468244)Document filed by NCR Voyix Corporation. (Attachments: #1 Exhibit 1 (VAR Agreement), #2 Exhibit 2 (email), #3 Exhibit 3 (email), #4 Exhibit 4 (email), #5 Exhibit 5 (email), #6 Exhibit 6 (email)).(Whitmer, Frederick) |
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