IBM Corporation v. Micro Focus (US), Inc. et al
| Micro Focus International PLC |
| IBM Corporation |
| Micro Focus (US), Inc. |
| Kirkland & Ellis LLP |
| 7:2022cv09910 |
| November 21, 2022 |
| US District Court for the Southern District of New York |
| Vincent L Briccetti |
| Victoria Reznik |
| Copyright |
| 17 U.S.C. § 101 Copyright Infringement |
| Both |
Docket Report
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This docket was last retrieved on July 8, 2024. A more recent docket listing may be available from PACER.
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Filing 122
LETTER addressed to Magistrate Judge Victoria Reznik from Joshua L. Simmons dated November 22, 2023 re: re MicroFocus' November 20 Letter #119 . Document filed by IBM Corporation..(Simmons, Joshua)
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Filing 121
ORDER REFERRING CASE TO 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 Victoria Reznik. Motions referred to Victoria Reznik. (Signed by Judge Vincent L. Briccetti on 11/21/2023) (mml)
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Filing 120
ORDER deferring ruling on #117 Letter Motion to Compel: By separate order, this case will be referred to Magistrate Judge Reznik for general pretrial supervision, including resolution of the discovery disputes raised in plaintiff's counsel's pre-motion conference letter, dated 11/13/2023 (Doc. #117) and defense counsel's response, dated 11/20/2023 (Doc. #119). The next case management conference before Judge Briccetti remains scheduled for 4/3/2024 at 10:00 a.m., and the parties are still required to file a joint letter regarding the status of their settlement discussions by 12/19/2023. (See Doc. #104). (HEREBY ORDERED by Judge Vincent L. Briccetti)(Text Only Order) (Briccetti, Vincent)
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Filing 119
LETTER addressed to Judge Vincent L. Briccetti from Marcella Ballard dated November 20, 2023 re: Micro Focus (US), Inc.'s response to IBM's request for a pre-motion conference. Document filed by Micro Focus (US), Inc...(Ballard, Marcella)
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Filing 118
ORDER deferring ruling on #117 Motion to Compel: By 11/20/2023, defense counsel shall respond to plaintiff's counsel's 11/13/2023 letter-motion (Doc. #117) by letter, at which time the Court will decide how to proceed. (HEREBY ORDERED by Judge Vincent L. Briccetti)(Text Only Order) (egb)
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Filing 117
LETTER MOTION to Compel Micro Focus (US), Inc. to Produce Documents and Information addressed to Judge Vincent L. Briccetti from Joshua L. Simmons dated November 13, 2023. Document filed by IBM Corporation..(Simmons, Joshua)
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Filing 116
ORDER MOTION FOR ADMISSION PRO HAC VICE OFSTEPHEN K. YAM granting #115 Motion for Stephen K. Yam 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 Vincent L. Briccetti on 10/12/2023) (mml)
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Filing 115
MOTION for Stephen K. Yam to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-28410103. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Micro Focus (US), Inc.. (Attachments: #1 Affidavit Declaration in Support, #2 Exhibit VA Certificate of Good Standing, #3 Exhibit DC Certificate of Good Standing, #4 Proposed Order granting Motion for Admission Pro Hac Vice).(Yam, Stephen)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #115 MOTION for Stephen K. Yam to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-28410103. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (sgz)
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Filing 114
ORDER REGARDING SEALED DOCUMENTS: The Court having So Ordered the parties' Stipulated Protective Order, dated September 8, 2023, which, among other things, provides for the filing of documents under seal, it is further ORDERED: 1. The parties shall consult and comply with the instructions for filing documents under seal, as set forth in: (i) Section 6 of the Court's Electronic Case Filing Rules & Instructions; (ii) the Court's "Sealed Records Filing Instructions," available at https://nysd.uscourts.gov/programs/records; and (iii) Judge Briccetti's Individual Practices. 2. A full and unredacted courtesy copy of any submission of documents electronically filed under seal shall be provided to Chambers as soon as practicable, marked "Chambers Copy" and "Contains Confidential Information Filed Under Seal." SO ORDERED. (Signed by Judge Vincent L. Briccetti on 9/11/2023) (ama)
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Filing 113
STIPULATED PROTECTIVE ORDER:...regarding procedures to be followed that shall govern the handling of confidential material. and as set forth herein. SO ORDERED. (Signed by Judge Vincent L. Briccetti on 9/11/2023) (ama)
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Filing 112
PROPOSED PROTECTIVE ORDER. Document filed by IBM Corporation..(Simmons, Joshua)
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Filing 111
ORDER terminating #108 Letter Motion for Conference: In light of plaintiff's withdrawal of its letter-motion (Doc. #110), the motion is terminated as moot. (HEREBY ORDERED by Judge Vincent L. Briccetti)(Text Only Order) (egb)
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Filing 110
LETTER RESPONSE to Motion addressed to Judge Vincent L. Briccetti from Joshua L. Simmons dated August 1, 2023 re: #108 LETTER MOTION for Conference requesting order requiring meet and confer addressed to Judge Vincent L. Briccetti from Joshua L. Simmons dated July 31, 2023. Joint Letter Withdrawing Request. Document filed by IBM Corporation..(Simmons, Joshua)
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Filing 109
ORDER deferring ruling on #108 Motion for Conference: By 8/3/2023, defense counsel shall file a response to plaintiff's counsel's 7/31/2023 letter requesting that the Court order defense counsel to meet and confer (Doc. #108), at which time the Court will decide how to proceed. (HEREBY ORDERED by Judge Vincent L. Briccetti)(Text Only Order) (egb)
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Filing 108
LETTER MOTION for Conference requesting order requiring meet and confer addressed to Judge Vincent L. Briccetti from Joshua L. Simmons dated July 31, 2023. Document filed by IBM Corporation..(Simmons, Joshua)
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Filing 107
ORDER granting #106 Motion to Withdraw as Attorney: The Clerk is instructed to terminate John K. Villa, Esq., Craig D. Singer, Esq., and John S. WIlliams, Esq., as counsel for interested party Kirkland & Ellis LLP, and to remove them from the ECF notification list. (HEREBY ORDERED by Judge Vincent L. Briccetti)(Text Only Order) (egb) Transmission to Docket Assistant Clerk for processing.
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Filing 106
MOTION for John K. Villa, Craig D. Singer, and John S. Williams to Withdraw as Attorney for Interested Party Kirkland & Ellis LLP. Document filed by Kirkland & Ellis LLP. (Attachments: #1 Affidavit Declaration of Craig D. Singer).(Singer, Craig)
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Filing 105
NOTICE OF APPEARANCE by Eric Andrew Loverro on behalf of IBM Corporation..(Loverro, Eric)
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Filing 104
CIVIL CASE DISCOVERY PLAN AND SCHEDULING ORDER: All parties do not consent to conducting all further proceedings before a Magistrate Judge, including motions and trial, pursuant to 28 U.S.C. 636(c). This case is to be tried to a jury. Motions due by 8/25/2023. Deposition due by 3/29/2024. Fact Discovery due by 12/15/2023. Expert Discovery due by 3/29/2024. Discovery due by 3/29/2024. The parties have conferred and their present best estimate of the length of the trial is approximately 5 days. Case Management Conference set for 4/3/2024 at 10:00 AM before Judge Vincent L. Briccetti. (Signed by Judge Vincent L. Briccetti on 7/11/2023) (mml)
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Minute Entry for proceedings held before Judge Vincent L. Briccetti: Initial Pretrial Conference held on 7/11/2023. (Court Reporter None)Counsel for the Pla and Dft appeared. Initial PTC held. Case management plan signed. Joint letter by 12-19-23. Next conference is scheduled 4-3-24 10am. (dh)
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Filing 103
ANSWER to #99 Counterclaim. Document filed by IBM Corporation..(Simmons, Joshua)
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Filing 102
RULE 26(f) DISCOVERY PLAN REPORT.Document filed by IBM Corporation. (Attachments: #1 Text of Proposed Order Proposed Civil Case Discovery Plan and Scheduling Order).(Simmons, Joshua)
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Filing 101
ORDER denying #100 Letter Motion to Continue: Although Mr. Simmons is "scheduled to be at [a] jury trial" in Virginia on the date of the initial conference, three lawyers from Kirkland have entered appearances on behalf of plaintiff in this case; surely, one of the other lawyers could attend the initial conference on behalf of plaintiff. Moreover, the docket of the Virginia criminal action reflects that Mr. Simmons is not the only lawyer representing his client, who is not the defendant but rather an interested party; two other lawyers have entered appearances on behalf of the interested party. Accordingly, the request to adjourn the initial conference is DENIED, and the initial conference will proceed as scheduled on 7/11/2023, at 11:30 a.m., in person, at the White Plains Courthouse, Courtroom 620. (HEREBY ORDERED by Judge Vincent L. Briccetti)(Text Only Order) (egb)
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Filing 100
LETTER MOTION to Continue Initial Case Management and Scheduling Conference addressed to Judge Vincent L. Briccetti from Joshua L. Simmons dated June 22, 2023. Document filed by IBM Corporation..(Simmons, Joshua)
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Filing 99
ANSWER to #39 Amended Complaint with JURY DEMAND., COUNTERCLAIM against IBM Corporation. Document filed by Micro Focus (US), Inc...(Ballard, Marcella)
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Set/Reset Deadlines: Micro Focus (US), Inc. answer due 6/13/2023. (mml)
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Filing 98
OPINION AND ORDER re: #56 MOTION to Dismiss Plaintiff's First Amended Complaint filed by Micro Focus (US), Inc., #22 MOTION to Disqualify Counsel filed by Micro Focus (US), Inc. The motion to dismiss is GRANTED IN PART and DENIED IN PART. IBM's copyright infringement claim shall proceed. IBM's breach of contract claim is dismissed. By June 13, 2023, Micro Focus shall file an answer. The motion to disqualify IBM's counsel is DENIED. Given that the Court has relied upon material that remains under seal, the Court is releasing this Opinion and Order under seal, pending review by the parties. In the unlikely event the parties believe that certain material in this Opinion and Order should be redacted, counsel should jointly submit a proposed redacted version by no later than June 9, 2023. After reviewing the parties' submission, the Court will subsequently issue a publicly available version of its Opinion and Order. SO ORDERED. (Previously filed under seal on 5/31/2023) (Signed by Judge Vincent L. Briccetti on 5/30/2023) (mml) Modified on 6/9/2023 (mml).
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Filing 97
MEMO ENDORSEMENT on re: #96 Letter filed by Kirkland & Ellis LLP. ENDORSEMENT: The Clerk is directed to unseal Doc. #95. SO ORDERED. (Signed by Judge Vincent L. Briccetti on 6/8/2023) (mml)
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Filing 96
LETTER addressed to Judge Vincent L. Briccetti from John K. Villa dated June 8, 2023 re: Parties' Position Regarding Sealing. Document filed by Kirkland & Ellis LLP..(Villa, John)
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Transmission to Office of the Clerk of Court. Transmitted re: #97 Memo Endorsement, to the Office of the Clerk of Court for processing. (mml)
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Filing 95
SEALED DOCUMENT placed in vault.(YA)
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Filing 94
NOTICE OF INITIAL CONFERENCE: THIS MATTER HAS BEEN SCHEDULED FOR AN INITIAL CASE MANAGEMENT AND SCHEDULING CONFERENCE, pursuant to Fed. R. Civ. P. 16, on 7-11-2023 at 11:30 a.m., at the at the United States Courthouse, 300 Quarropas Street, Courtroom 620, White Plains, NY 10601. PLAINTIFF, OR COUNSEL FOR PLAINTIFF, SHALL NOTIFY ALL PARTIES, IN WRITING, OF THE CONFERENCE DATE AND TIME, AND PROVIDE ALL PARTIES WITH A COPY OF THIS NOTICE AND THE ATTACHED CIVIL CASE DISCOVERY PLAN AND SCHEDULING ORDER (UNLESS THE CASE HAS BEEN REMOVED FROM STATE COURT, IN WHICH EVENT COUNSEL FOR THE REMOVING DEFENDANT(S) SHALL PROVIDE SUCH NOTICE TO ALL PARTIES). Counsel shall complete and file on the ECF docket the attached Civil Case Discovery Plan and Scheduling Order by 7-5-2023. Initial Conference set for 7/11/2023 at 11:30 AM in Courtroom 620, 300 Quarropas Street, White Plains, NY 10601 before Judge Vincent L. Briccetti. (ama)
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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)
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Filing 93
ORDER granting #92 Motion to Withdraw as Attorney: The Clerk is instructed to terminate Michael Matthew Agosta, Esq., as counsel for defendant. (HEREBY ORDERED by Judge Vincent L. Briccetti)(Text Only Order) (egb)
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Filing 92
MOTION for Michael M. Agosta to Withdraw as Attorney of Record to Defendant Micro Focus (US), Inc.. Document filed by Micro Focus (US), Inc.. (Attachments: #1 Text of Proposed Order Granting Motion for Michael M. Agosta to Withdraw as Counsel of Record to Defendant Micro Focus (US), Inc.).(Agosta, Michael)
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Filing 91
BRIEF re: #22 MOTION to Disqualify Counsel . Sur-Reply to Micro Focus's Motion to Disqualify Counsel. Document filed by Kirkland & Ellis LLP. (Attachments: #1 Affidavit Declaration of John C. O'Quinn (Redacted), #2 Exhibit A Supporting Email (Redacted)).(Villa, John)
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Filing 90
ORDER granting #88 Letter Motion to Seal: The joint letter-motion to seal portions of the Declaration of John C. O'Quinn and the entirety of a supporting email exchange are GRANTED. The unredacted versions of these documents shall remain restricted to court users and the parties. (Docs. #89-1, 89-2). Counsel shall file redacted copies of the declaration and email on the public docket by 3/16/2023. (HEREBY ORDERED by Judge Vincent L. Briccetti)(Text Only Order) (egb)
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Filing 89
***SELECTED PARTIES*** BRIEF re: #22 MOTION to Disqualify Counsel . Sur-Reply to Micro Focus's Motion to Disqualify Counsel. Document filed by Kirkland & Ellis LLP, Micro Focus (US), Inc.. (Attachments: #1 Affidavit Declaration of John C. O'Quinn, #2 Exhibit A Supporting Email)Motion or Order to File Under Seal: #88 .(Villa, John)
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Filing 88
JOINT LETTER MOTION to Seal Certain Portions of Kirkland's Sur-Reply To Micro Focus's Motion to Disqualify Kirkland & Ellis addressed to Judge Vincent L. Briccetti from Craig D. Singer and Michael M. Agosta dated March 13, 2023. Document filed by Micro Focus (US), Inc...(Agosta, Michael)
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Filing 87
ORDER granting #86 Letter Motion for Leave to File Document; denying without prejudice #86 Letter Motion to Seal: By 3/13/2023, Kirkland may file the sur-reply described in the 3/3/2023 letter-motion (Doc. #86). However, prior to filing the sur-reply, Kirkland shall meet and confer with Micro Focus to determine whether the parties will move to seal any portion of the sur-reply (and any such motion to seal shall likewise be filed by 3/13/2023). Micro Focus is NOT authorized to file a sur-sur-reply at this time. In the unlikely event Micro Focus believes that such an additional submission is warranted, it may seek the Court's permission to do so. (HEREBY ORDERED by Judge Vincent L. Briccetti)(Text Only Order) (egb)
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Filing 86
CONSENT LETTER MOTION for Leave to File Sur-Reply to Micro Focus's Motion to Disqualify Counsel addressed to Judge Vincent L. Briccetti from John K. Villa dated March 3, 2023., CONSENT LETTER MOTION to Seal Sur-Reply addressed to Judge Vincent L. Briccetti from John K. Villa dated March 3, 2023. Document filed by Kirkland & Ellis LLP..(Villa, John)
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Filing 85
DECLARATION of Jonathan Vine in Support re: #22 MOTION to Disqualify Counsel .. Document filed by Micro Focus (US), Inc...(Beeber, Jessie)
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Filing 84
DECLARATION of Christopher Swiss in Support re: #22 MOTION to Disqualify Counsel .. Document filed by Micro Focus (US), Inc...(Beeber, Jessie)
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Filing 83
DECLARATION of Carolyn Adler in Support re: #22 MOTION to Disqualify Counsel .. Document filed by Micro Focus (US), Inc...(Beeber, Jessie)
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Filing 82
DECLARATION of Stirling Adams in Support re: #22 MOTION to Disqualify Counsel .. Document filed by Micro Focus (US), Inc...(Beeber, Jessie)
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Filing 81
DECLARATION of Expert Ronald C. Minkoff in Support re: #22 MOTION to Disqualify Counsel .. Document filed by Micro Focus (US), Inc...(Beeber, Jessie)
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Filing 80
REPLY MEMORANDUM OF LAW in Support re: #22 MOTION to Disqualify Counsel . . Document filed by Micro Focus (US), Inc...(Beeber, Jessie)
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Filing 79
REPLY MEMORANDUM OF LAW in Support re: #56 MOTION to Dismiss Plaintiff's First Amended Complaint. . Document filed by Micro Focus (US), Inc...(Ballard, Marcella)
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Filing 78
MEMORANDUM OF LAW in Opposition re: #56 MOTION to Dismiss Plaintiff's First Amended Complaint. . Document filed by IBM Corporation..(Simmons, Joshua)
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Filing 77
ORDER FOR ADMISSION PRO HAC VICE granting #76 Motion to Appear Pro Hac Vice. The motion of John K. Villa, for admission to practice pro hac vice in the above-captioned action is granted. As further set forth by this Order. (Signed by Judge Vincent L. Briccetti on 2/8/2023) (tg)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #76 MOTION for John K. Villa to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27310314. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (sac)
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Filing 76
MOTION for John K. Villa to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27310314. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Kirkland & Ellis LLP. (Attachments: #1 Affidavit Affidavit, #2 Exhibit Certificate of Good Standing, #3 Text of Proposed Order Proposed Order Granting Motion to Appear Pro Hac Vice).(Villa, John)
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Filing 75
ORDER granting #74 Letter Motion for Extension of Time to File Response/Reply: Defendant's time to file a reply is extended to 2/24/2023. The Court views Kirkland's willingness to consent to a one-week, but not two-week, extension, to be petty. Having said that, the letter-motion misleadingly suggests defendant is merely requesting an extension of time to file a reply; in fact, defendant is actually seeking to strike Kirkland's expert opinions. The Court may or may not consider the expert opinions. If defendant wishes to submit its own expert opinion, it may do so. (HEREBY ORDERED by Judge Vincent L. Briccetti)(Text Only Order) (Briccetti, Vincent)
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Filing 74
LETTER MOTION for Extension of Time to File Response/Reply as to #22 MOTION to Disqualify Counsel . addressed to Judge Vincent L. Briccetti from Michael M. Agosta dated February 2, 2023. Document filed by Micro Focus (US), Inc...(Agosta, Michael)
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Filing 73
DECLARATION of Luke W. Mette in Support re: #66 Memorandum of Law in Opposition to Motion. Document filed by Kirkland & Ellis LLP..(Williams, John)
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Filing 72
DECLARATION of Bruce A. Green in Support re: #66 Memorandum of Law in Opposition to Motion. Document filed by Kirkland & Ellis LLP..(Williams, John)
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Filing 71
DECLARATION of Joshua L. Simmons in Support re: #66 Memorandum of Law in Opposition to Motion. Document filed by Kirkland & Ellis LLP..(Williams, John)
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Filing 70
DECLARATION of Aaron H. Lorber in Support re: #66 Memorandum of Law in Opposition to Motion. Document filed by Kirkland & Ellis LLP..(Williams, John)
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Filing 69
DECLARATION of Norman Christopher Butler in Support re: #66 Memorandum of Law in Opposition to Motion. Document filed by Kirkland & Ellis LLP..(Williams, John)
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Filing 68
DECLARATION of Matthew Solum in Support re: #66 Memorandum of Law in Opposition to Motion. Document filed by Kirkland & Ellis LLP. (Attachments: #1 Exhibit B).(Williams, John)
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Filing 67
DECLARATION of Dean S. Shulman in Support re: #66 Memorandum of Law in Opposition to Motion. Document filed by Kirkland & Ellis LLP. (Attachments: #1 Exhibit A).(Williams, John)
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Filing 66
MEMORANDUM OF LAW in Opposition re: #22 MOTION to Disqualify Counsel . [Redacted Version]. Document filed by Kirkland & Ellis LLP..(Williams, John)
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Filing 65
ORDER terminating #42 Letter Motion to Seal: See Doc. # 64 . (HEREBY ORDERED by Judge Vincent L. Briccetti)(Text Only Order) (egb)
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Filing 64
ORDER granting #61 Letter Motion to Seal: The joint letter-motion to seal certain portions of plaintiff's opposition and supporting papers to the motion to disqualify plaintiff's counsel is GRANTED. The unredacted version of the memorandum and exhibits shall remain restricted to court users and the parties (Docs. # 62, 62-1, 62-2, 62-3). Plaintiff shall file redacted copies of the opposition and supporting papers on the public docket by 2/1/2023. Defendant's reply in further support of the motion to disqualify, if any, remains due 2/10/2023. (HEREBY ORDERED by Judge Vincent L. Briccetti)(Text Only Order) (egb)
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Filing 63
ORDER terminating #28 Motion to Dismiss: The motion is terminated as moot in light of defendant's motion to dismiss the first amended complaint. (Doc. #56). (HEREBY ORDERED by Judge Vincent L. Briccetti)(Text Only Order) (egb)
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Filing 62
***SELECTED PARTIES***JOINT LETTER addressed to Judge Vincent L. Briccetti from Michael M. Agosta and Craig D. Singer dated January 27, 2023 re: Request to Seal Portions of the Opposition to the Motion to Disqualify. Joint Letter submitted in compliance with Judge's Order dated January 17, 2023 (Dkt. 52). Document filed by Micro Focus (US), Inc., Kirkland & Ellis LLP. (Attachments: #1 Exhibit A - Proposed Redactions (Brief - Dkt. 43), #2 Exhibit B - Proposed Redactions (Butler Declaration - Dkt. 46), #3 Exhibit C - Proposed Redactions (Lorberl Declaration - Dkt. 47))Motion or Order to File Under Seal: #61 .(Agosta, Michael)
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Filing 61
JOINT LETTER MOTION to Seal Portions of the Opposition to the Motion to Disqualify addressed to Judge Vincent L. Briccetti from Michael M. Agosta and Craig D. Singer dated January 27, 2023. Document filed by Micro Focus (US), Inc.. (Attachments: #1 Exhibit A - Proposed Redactions (Brief - Dkt. 43), #2 Exhibit B - Proposed Redactions (Butler Declaration - Dkt. 46), #3 Exhibit C - Proposed Redactions (Lorberl Declaration - Dkt. 47)).(Agosta, Michael)
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Filing 60
NOTICE OF APPEARANCE by Michael Matthew Agosta on behalf of Micro Focus (US), Inc...(Agosta, Michael)
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Filing 59
NOTICE OF APPEARANCE by Jessie F. Beeber on behalf of Micro Focus (US), Inc...(Beeber, Jessie)
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Filing 58
NOTICE OF APPEARANCE by Patrick John Boyle on behalf of Micro Focus (US), Inc...(Boyle, Patrick)
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Filing 57
MEMORANDUM OF LAW in Support re: #56 MOTION to Dismiss Plaintiff's First Amended Complaint. . Document filed by Micro Focus (US), Inc...(Ballard, Marcella)
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Filing 56
MOTION to Dismiss Plaintiff's First Amended Complaint. Document filed by Micro Focus (US), Inc.. (Attachments: #1 Text of Proposed Order Granting Motion to Dismiss).(Ballard, Marcella)
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Filing 55
ORDER FOR ADMISSION PRO HAC VICE granting #41 Motion for Craig D. Singer to Appear Pro Hac Vice. The motion of Craig D. Singer, for admission to practice practice pro hac vice in the above-captioned action is granted. 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 Vincent L. Briccetti on 1/18/23) (yv)
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Filing 54
ORDER terminating #25 Letter Motion for Oral Argument: See Docs. # 26 , 53 . (HEREBY ORDERED by Judge Vincent L. Briccetti)(Text Only Order) (egb)
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Filing 53
ORDER denying #51 Letter Motion for Oral Argument: As previously ordered (Doc. #26), the Court will decide whether oral argument is necessary or appropriate once the motion is fully submitted. (HEREBY ORDERED by Judge Vincent L. Briccetti)(Text Only Order) (egb)
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Filing 52
ORDER deferring ruling on #42 Letter Motion to Seal: By 1/27/2023, the parties shall file a joint letter, not to exceed 3 pages, informing the Court what portions of the opposition to the motion to disqualify and supporting papers the parties believe should be sealed and the basis therefor. Access to the opposition and supporting documents shall remain restricted until the Court rules on the motion to seal. The parties are reminded their proposal of what to seal/redact should be narrowly tailored to serve whatever purpose justifies the redaction or sealing and must be otherwise consistent with the presumption in favor of public access to judicial documents. See Lugosch v. Pyramid Co. v Onondaga, 435 F.3d 110, 119-20 (2d Cir. 2006). Defendant's reply, if any, to the motion to disqualify, is now due 2/10/2023. (HEREBY ORDERED by Judge Vincent L. Briccetti)(Text Only Order) (egb)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #41 FIRST MOTION for Craig Darren Singer to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27200612. Motion and supporting papers to be reviewed by Clerk's Office staff. The document has been reviewed and there are no deficiencies. (sac)
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Filing 51
LETTER MOTION for Oral Argument on Motion to Disqualify Counsel (Dkt. No. 22) addressed to Judge Vincent L. Briccetti from John S. Williams dated January 13, 2023. Document filed by Kirkland & Ellis LLP..(Williams, John)
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Filing 50
***SELECTED PARTIES***DECLARATION of Luke W. Mette in Support re: #43 Memorandum of Law in Opposition to Motion. Document filed by Kirkland & Ellis LLP, Micro Focus (US), Inc.. Motion or Order to File Under Seal: #42 .(Williams, John)
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Filing 49
***SELECTED PARTIES***DECLARATION of Bruce A. Green in Support re: #43 Memorandum of Law in Opposition to Motion. Document filed by Kirkland & Ellis LLP, Micro Focus (US), Inc.. Motion or Order to File Under Seal: #42 .(Williams, John)
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Filing 48
***SELECTED PARTIES***DECLARATION of Joshua L. Simmons in Support re: #43 Memorandum of Law in Opposition to Motion. Document filed by Kirkland & Ellis LLP, Micro Focus (US), Inc.. Motion or Order to File Under Seal: #42 .(Williams, John)
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Filing 47
***SELECTED PARTIES***DECLARATION of Aaron H. Lorber in Support re: #43 Memorandum of Law in Opposition to Motion. Document filed by Kirkland & Ellis LLP, Micro Focus (US), Inc.. Motion or Order to File Under Seal: #42 .(Williams, John)
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Filing 46
***SELECTED PARTIES***DECLARATION of Norman Christopher Butler in Support re: #43 Memorandum of Law in Opposition to Motion. Document filed by Kirkland & Ellis LLP, Micro Focus (US), Inc.. Motion or Order to File Under Seal: #42 .(Williams, John)
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Filing 45
***SELECTED PARTIES***DECLARATION of Matthew Solum in Support re: #43 Memorandum of Law in Opposition to Motion. Document filed by Kirkland & Ellis LLP, Micro Focus (US), Inc.. (Attachments: #1 Exhibit B)Motion or Order to File Under Seal: #42 .(Williams, John)
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Filing 44
***SELECTED PARTIES***DECLARATION of Dean S. Shulman in Support re: #43 Memorandum of Law in Opposition to Motion. Document filed by Kirkland & Ellis LLP, Micro Focus (US), Inc.. (Attachments: #1 Exhibit A)Motion or Order to File Under Seal: #42 .(Williams, John)
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Filing 43
***SELECTED PARTIES*** MEMORANDUM OF LAW in Opposition re: #22 MOTION to Disqualify Counsel . . Document filed by Kirkland & Ellis LLP, Micro Focus (US), Inc.. Motion or Order to File Under Seal: #42 .(Williams, John)
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Filing 42
CONSENT LETTER MOTION to Seal Opposition to Motion to Disqualify & Supporting Documents addressed to Judge Vincent L. Briccetti from John S. Williams dated January 13, 2023. Document filed by Kirkland & Ellis LLP..(Williams, John)
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Filing 41
FIRST MOTION for Craig Darren Singer to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27200612. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Kirkland & Ellis LLP. (Attachments: #1 Affidavit Affidavit in support of motion to appear pro hac vice., #2 Text of Proposed Order Proposed order granting motion to appear pro hac vice., #3 Exhibit Certificate of Good Standing (DC Bar)., #4 Exhibit Certificate of Good Standing (PA Bar).).(Singer, Craig)
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Filing 40
NOTICE OF APPEARANCE by John Sievert Williams on behalf of Kirkland & Ellis LLP..(Williams, John)
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Filing 39
FIRST AMENDED COMPLAINT amending #1 Complaint against Micro Focus (US), Inc. with JURY DEMAND.Document filed by IBM Corporation. Related document: #1 Complaint. (Attachments: #1 Exhibit A - Copyright Registrations).(Simmons, Joshua)
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Filing 38
MEMO ENDORSEMENT on re: #37 Letter filed by IBM Corporation. ENDORSEMENT: Plaintiff shall file its amended complaint by 1/10/2023. So Ordered. ( Amended Pleadings due by 1/10/2023.) (Signed by Judge Vincent L. Briccetti on 12/28/2022) (va)
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Filing 37
LETTER addressed to Judge Vincent L. Briccetti from Joshua L. Simmons dated December 27, 2022 re: in response to #34 Order, regarding intent to file Amended Complaint. Document filed by IBM Corporation..(Simmons, Joshua)
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Filing 36
ORDER granting #35 Letter Motion for Extension of Time to File Response/Reply: Plaintiff's time to respond to defendants' motion to disqualify plaintiff's counsel (Doc. #22) is extended to 1/13/2023. (HEREBY ORDERED by Judge Vincent L. Briccetti)(Text Only Order) (egb)
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Filing 35
LETTER MOTION for Extension of Time to File Response/Reply as to #22 MOTION to Disqualify Counsel . addressed to Judge Vincent L. Briccetti from Joshua L. Simmons dated December 21, 2022. Document filed by IBM Corporation..(Simmons, Joshua)
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Filing 34
ORDER: On December 14, 2022, defendants moved to dismiss the complaint. (Doc. #28). Accordingly, it is hereby ORDERED that, by no later than December 27, 2022, plaintiff must notify the Court by letter whether plaintiff (i) intends to file an amended complaint in response to the motion to dismiss, or (ii) will rely on the complaint that is the subject of the motion to dismiss, as further set forth. (Signed by Judge Vincent L. Briccetti on 12/15/2022) (mml)
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***NOTICE TO ATTORNEY REGARDING DEFICIENT RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Notice to Attorney Marcella Ballard to RE-FILE Document No. #33 Rule 7.1 Corporate Disclosure Statement,. The filing is deficient for the following reason(s): the corporate parent/other affiliate was not added;. Re-file the document using the event type Rule 7.1 Corporate Disclosure Statement found under the event list Other Documents - select the correct filer/filers - attach the correct signed PDF - when prompted with the message "Are there any corporate parents or other affiliates?", select the Yes radio button - enter the corporate parent/other affiliate, click the Search button - select the correct corporate parent/other affiliate name from the search results list or if no person found, create a new corporate parent/other affiliate - select the party to whom the corporate parent/other affiliate should be linked - add corporate parent/other affiliate names one at a time. (lb)
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Filing 33
FILING ERROR - CORPORATE PARENT/OTHER AFFILIATE NOT ADDED - RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Micro Focus International PLC..(Ballard, Marcella) Modified on 12/15/2022 (lb).
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Filing 32
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Micro Focus International Plc. for Micro Focus (US), Inc.. Document filed by Micro Focus (US), Inc...(Ballard, Marcella)
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Filing 31
ORDER MOTION FOR ADMISSION OF TIMOTHY J.CARROLL PRO HAC VICE granting #27 MOTION for Timothy J. Carroll to Appear Pro Hac Vice. The motion of Timothy J. Carroll for admission to practice Pro Hae Vice in the above captioned action is granted. (Signed by Judge Vincent L. Briccetti on 12/14/2022) (jca)
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Filing 30
DECLARATION of Helen Ratsey in Support re: #28 MOTION to Dismiss Complaint.. Document filed by Micro Focus (US), Inc., Micro Focus International PLC..(Ballard, Marcella)
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Filing 29
MEMORANDUM OF LAW in Support re: #28 MOTION to Dismiss Complaint. . Document filed by Micro Focus (US), Inc., Micro Focus International PLC..(Ballard, Marcella)
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Filing 28
MOTION to Dismiss Complaint. Document filed by Micro Focus (US), Inc., Micro Focus International PLC. (Attachments: #1 Text of Proposed Order Granting Motion to Dismiss).(Ballard, Marcella)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #27 MOTION for Timothy J. Carroll 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. (sgz)
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Pro Hac Vice Fee Due: for #27 MOTION for Timothy J. Carroll to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. (sgz)
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Pro Hac Vice Fee Payment: for #27 MOTION for Timothy J. Carroll to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. Filing fee $ 200.00, receipt number ANYSDC-27077805..(Carroll, Timothy)
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Filing 27
MOTION for Timothy J. Carroll to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Micro Focus (US), Inc., Micro Focus International PLC. (Attachments: #1 Affidavit in Support of Motion for Admission Pro Hac Vice, #2 Text of Proposed Order Granting Motion for Admission Pro Hac Vice, #3 Exhibit Certificate of Good Standing).(Carroll, Timothy) Modified on 12/13/2022 (sgz). Modified on 12/14/2022 (sgz).
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Filing 26
ORDER deferring ruling on #25 Letter Motion for Oral Argument: The Court will decide whether oral argument is necessary or appropriate once the motion is fully submitted. Plaintiff's opposition to defendants' motion is due 12/23/2022. Defendants' reply is due 1/3/2023. (HEREBY ORDERED by Judge Vincent L. Briccetti)(Text Only Order) (egb)
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Filing 25
LETTER MOTION for Oral Argument on Motion to Disqualify Counsel addressed to Judge Vincent L. Briccetti from Marcella Ballard dated December 9, 2022. Document filed by Micro Focus (US), Inc...(Ballard, Marcella)
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Filing 24
DECLARATION of Christopher Swiss in Support re: #22 MOTION to Disqualify Counsel .. Document filed by Micro Focus (US), Inc.. (Attachments: #1 Exhibit A - Schmitt v. Micro Focus ND Cal complaint, #2 Exhibit B - Schmitt v. Micro Focus ND Cal docket sheet, #3 Exhibit C - Schmitt v. Micro Focus SDNY Docket Sheet, #4 Exhibit D - Schmitt v. Micro Focus Second Cir. Docket, #5 Exhibit E - Wapp v. MF First Amended Complaint, #6 Exhibit F - Wapp v. MF Kirkland Application to Appear PHV, #7 Exhibit G - Wapp v. MF MF Motion to Seal, #8 Exhibit H - OpenText to Acquire Micro Focus International plc).(Ballard, Marcella)
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Filing 23
MEMORANDUM OF LAW in Support re: #22 MOTION to Disqualify Counsel . . Document filed by Micro Focus (US), Inc...(Ballard, Marcella)
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Filing 22
MOTION to Disqualify Counsel . Document filed by Micro Focus (US), Inc.. (Attachments: #1 Text of Proposed Order Granting Motion to Disqualify).(Ballard, Marcella)
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Filing 21
NOTICE OF APPEARANCE by Maria Rose Sinatra on behalf of Micro Focus International PLC..(Sinatra, Maria)
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Filing 20
NOTICE OF APPEARANCE by Maria Rose Sinatra on behalf of Micro Focus (US), Inc...(Sinatra, Maria)
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Filing 19
NOTICE OF APPEARANCE by Manny Joseph Caixeiro on behalf of Micro Focus International PLC..(Caixeiro, Manny)
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Filing 18
NOTICE OF APPEARANCE by Manny Joseph Caixeiro on behalf of Micro Focus (US), Inc...(Caixeiro, Manny)
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Filing 17
NOTICE OF APPEARANCE by Marcella Ballard on behalf of Micro Focus International PLC..(Ballard, Marcella)
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Filing 16
NOTICE OF APPEARANCE by Marcella Ballard on behalf of Micro Focus (US), Inc...(Ballard, Marcella)
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Filing 15
AFFIDAVIT OF SERVICE of Summons and Complaint. Micro Focus International PLC served on 11/23/2022, answer due 12/14/2022. Service was accepted by Denice Bremner as Authorized Representative. Document filed by IBM Corporation..(Simmons, Joshua)
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Filing 14
AFFIDAVIT OF SERVICE of Summons and Complaint. Micro Focus (US), Inc. served on 11/23/2022, answer due 12/14/2022. Service was accepted by Lynanne Gares c/o Registered Agent. Document filed by IBM Corporation..(Simmons, Joshua)
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Filing 13
ORDER FOR ADMISSION PRO HAC VICE OF JAMES JOHN LOMEO granting #9 Motion to Appear Pro Hac Vice. The Motion for Admission Pro Hac Vice of James John Lomeo in the above-captioned action is GRANTED. As further set forth by this Order. (Signed by Judge Vincent L. Briccetti on 11/23/2022) (tg)
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Filing 12
AO 121 FORM COPYRIGHT - CASE OPENING - SUBMITTED. In compliance with the provisions of 17 U.S.C. 508, the Register of Copyrights is hereby advised that a court action has been filed on the following copyright(s) in the U.S. District Court Southern District of New York. Form e-mailed to Register of Copyrights. (vf)
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Filing 11
ELECTRONIC SUMMONS ISSUED as to Micro Focus (US), Inc.. (vf)
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Filing 10
ELECTRONIC SUMMONS ISSUED as to Micro Focus International PLC. (vf)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #9 MOTION for James John Lomeo to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26988722. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (sgz)
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Magistrate Judge Paul E. Davison 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. (vf)
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CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Vincent L. Briccetti. 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)
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Case Designated ECF. (vf)
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Filing 9
MOTION for James John Lomeo to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26988722. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by IBM Corporation. (Attachments: #1 Affidavit - Declaration of James John Lomeo, #2 Exhibit A - Texas Certificate of Good Standing, #3 Exhibit B - DC Certificate of Good Standing, #4 Text of Proposed Order ).(Lomeo, James)
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Filing 8
NOTICE OF APPEARANCE by Dale Margaret Cendali on behalf of IBM Corporation..(Cendali, Dale)
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Filing 7
NOTICE OF APPEARANCE by Joshua Levicoff Simmons on behalf of IBM Corporation..(Simmons, Joshua)
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Filing 6
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by IBM Corporation..(Simmons, Joshua)
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Filing 5
AO 121 FORM COPYRIGHT - NOTICE OF SUBMISSION BY ATTORNEY. AO 121 Form Copyright for case opening submitted to court for review..(Simmons, Joshua)
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Filing 4
REQUEST FOR ISSUANCE OF SUMMONS as to Micro Focus (US), Inc., re: #1 Complaint. Document filed by IBM Corporation..(Simmons, Joshua)
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Filing 3
REQUEST FOR ISSUANCE OF SUMMONS as to Micro Focus International PLC, re: #1 Complaint. Document filed by IBM Corporation..(Simmons, Joshua)
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Filing 2
CIVIL COVER SHEET filed..(Simmons, Joshua)
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Filing 1
COMPLAINT against Micro Focus (US), Inc., Micro Focus International PLC. (Filing Fee $ 402.00, Receipt Number ANYSDC-26988446)Document filed by IBM Corporation. (Attachments: #1 Exhibit A - Copyright Registrations).(Simmons, Joshua)
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