Logical Operations Inc. v. CompTIA, Inc.
| Logical Operations Inc. |
| CompTIA, Inc. |
| 6:2021cv06595 |
| September 21, 2021 |
| US District Court for the Western District of New York |
| Elizabeth A Wolford |
| Contract: Other |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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| Document Text |
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Filing 17
ORDER OF DISMISSAL. Signed by Hon. Elizabeth A. Wolford on 9/28/21. (JHF)
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| Filing 16 Disregard document, filed in error on this case. STIPULATION of Dismissal by Logical Operations Inc. (Agins, Joshua) Modified on 9/28/2021 (JHF). |
| Filing 15 NOTICE of Voluntary Dismissal by Logical Operations Inc. (Agins, Joshua) |
| ATTENTION CORPORATION PLAINTIFFS/DEFENDANTS: All Corporate Disclosure Statements pursuant to Fed. R. Civ. P.7.1(b) are to be filed within seven (7) days of this notice. (KM) |
| E-Filing Notification: Please disregard document #16 filed in error on this case. (JHF) |
| Filing 14 TEXT ORDER. Based on a joint application from the parties, the Court vacates the Temporary Restraining Order (Dkt. 11) entered on September 22, 2021, and cancels the preliminary injunction hearing scheduled for September 30, 2021. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 09/27/2021. (MGB) |
| Filing 13 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings (MOTION FOR TRO/PRELIMINARY INJUNCTION) held on 09/22/2021, before HONORABLE ELIZABETH A. WOLFORD. Court Reporter Karen J. Clark, RPR, KarenClark1013@AOL.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 10/15/2021. Redacted Transcript Deadline set for 10/25/2021. Release of Transcript Restriction set for 12/27/2021. (KJC) |
| Filing 12 Minute Entry for proceedings held before Hon. Elizabeth A. Wolford: Appearances: Joshua M. Agins, Esq. on behalf of plaintiff; Chad W. Flansburg, Esq. and Caroline P. Gately, Esq. on behalf of defendant. Telephone Conference held on 9/22/2021 to address #6 Motion for Temporary Restraining Order. Plaintiff's #7 Motion to Expedite and #6 Motion for Temporary Restraining Order are granted; separate Text Order to be entered. Evidentiary Hearing regarding #2 Motion for Preliminary Injunction set for 9/30/2021 at 9:00 AM in US Courthouse, 100 State Street, Rochester NY 14614 before Hon. Elizabeth A. Wolford. Witness and exhibit lists to be filed by 9/28/2021. Any response by Defendant to #2 Motion for Preliminary Injunction and #8 Motion to Seal to be filed by 9/27/2021. (Court Reporter Karen Clark) (DPS) |
| Filing 11 Vacated per 14 Text Order. TEXT ORDER. For the reasons stated on the record at the telephonic status conference on September 22, 2021, the motion by plaintiff Logical Operations Inc. ("Plaintiff" or "Logical Operations") to #7 expedite and #6 Motion for Temporary Restraining Order are granted. It is further Ordered that pending a further Order from the Court, defendant CompTIA, Inc. ("Defendant" or "CompTIA") is restrained from (1) directing, requiring, or encouraging Logical Operations' customers to order CompTIA Courseware from CompTIA; and (2) withholding information, including electronic access keys, necessary to access CompTIA Courseware, from Logical Operations; and it is further ORDERED that, as provided in Federal Rule of Civil Procedure 65(d)(2), the foregoing paragraph also binds the following who receive actual notice of this Order by personal service or otherwise: (a) Defendant's officers, agents, servants, employees, and attorneys; and (b) other persons in active concert or participation with Defendant or with anyone described in (a); and it is furtherORDERED that an evidentiary hearing on Plaintiff's request for a preliminary injunction is scheduled for Thursday, September 30, 2021, at 9:00 a.m., at the United States Courthouse, 100 State Street, Rochester, New York; and it is furtherORDERED that any response by Defendant to Plaintiff's pending motion for injunctive relief (Dkt. 2) and motion to seal (Dkt. 8) shall be filed no later than September 27, 2021, and witness and exhibit lists for the preliminary injunction hearing shall be filed by September 28, 2021; and it is furtherORDERED that the requirement to post security pursuant to Federal Rule of Civil Procedure 65(c) is waived, but Plaintiff is required to continue to pay Defendant under the terms of the parties' reseller agreement through the date of the hearing on the motion for preliminary injunction regardless of any payments being made (or not made) by Defendant to Plaintiff. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 09/22/2021.(MGB) Modified on 9/28/2021 (JHF). |
| Filing 10 NOTICE of Appearance by Chad W. Flansburg on behalf of CompTIA, Inc. (Flansburg, Chad) |
| Filing 9 TEXT ORDER. A telephonic status conference is scheduled for Wednesday, September 22, 2021, at 10:30 a.m. re #6 Motion for Temporary Restraining Order. Service of this Text Order and all materials filed in support of Plaintiff's application for injunctive relief shall be provided to Defendant's counsel (Caroline P. Gately, Esq., Venable, LLP, 600 Massachusetts Ave., NW, Washington, DC 20001 and Chad Flansburg, Phillips Lytle LLP, 28 East Main Street, Suite 1400, Rochester, NY 14614) by email no later than 5:00 p.m. today. This is a public telephonic proceeding. To access the conference, dial (866) 434-5269 and enter access code 8632566# sufficiently in advance of the start time. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 09/21/2021. (MGB) |
| Filing 8 MOTION to Seal Declaration of Michael Springer and Memorandum of Law in Support of Plaintiff's Motion for Preliminary Injunction by Logical Operations Inc.. (Attachments: #1 Declaration of Joshua Agins, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C)(Agins, Joshua) |
| Filing 7 MOTION to Expedite Consideration of Motions for Temporary Restraining Order and Preliminary Injunction by Logical Operations Inc.. (Attachments: #1 Declaration of Joshua Agins, #2 Text of Proposed Order)(Agins, Joshua) |
| Filing 6 MOTION for Temporary Restraining Order by Logical Operations Inc.. (Attachments: #1 Declaration of Joshua Agins, #2 Text of Proposed Order)(Agins, Joshua) |
| Filing 5 Summons Issued as to CompTIA, Inc. (TMK) |
| Filing 4 NOTICE of Appearance by Michael J Adams on behalf of Logical Operations Inc. (Adams, Michael) |
| Filing 3 Corporate Disclosure Statement by Logical Operations Inc.. (Agins, Joshua) |
| Filing 2 MOTION for Preliminary Injunction by Logical Operations Inc.. (Attachments: #1 Memorandum in Support, #2 Declaration of Michael Springer, #3 Exhibit 1, #4 Exhibit 2, #5 Exhibit 3, #6 Exhibit 4, #7 Exhibit 5, #8 Exhibit 6, #9 Exhibit 7, #10 Exhibit 8, #11 Exhibit 9, #12 Exhibit 10, #13 Declaration of Joshua Agins, #14 Exhibit 11, #15 Exhibit 12, #16 Exhibit 13)(Agins, Joshua) |
| Filing 1 COMPLAINT against CompTIA, Inc. $ 402 receipt number 0209-4365712, filed by Logical Operations Inc.. (Attachments: #1 Summons, #2 Civil Cover Sheet)(Agins, Joshua) |
| Notice of Availability of Magistrate Judge: A United States Magistrate of this Court is available to conduct all proceedings in this civil action in accordance with 28 U.S.C. 636c and FRCP 73. The Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form (AO-85) is available for download at #http://www.uscourts.gov/services-forms/forms. (TMK) |
| AUTOMATIC REFERRAL to Mediation The ADR Plan is available for download at #http://www.nywd.uscourts.gov/alternative-dispute-resolution.(TMK) |
| Case Assigned to Hon. Elizabeth A. Wolford. Notification to Chambers of on-line civil case opening. (TMK) |
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| Plaintiff: Logical Operations Inc. | |
| Represented By: | Joshua M. Agins |
| Represented By: | Michael J Adams |
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| Defendant: CompTIA, Inc. | |
| Represented By: | Caroline P. Gately |
| Represented By: | Chad W. Flansburg |
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