CPI Security Systems, Inc. v. Vivint Smart Home, Inc. et al
Plaintiff: CPI Security Systems, Inc.
Defendant: Vivint Smart Home, Inc. f/k/a Mosaic Acquisition Corp., Legacy Vivint Smart Home, Inc. f/k/a Vivint Smart Home, Inc., Vivint Smart Home, Inc. and Mosaic Acquisition Corp.
Counter Claimant: Legacy Vivint Smart Home, Inc.
Case Number: 3:2020cv00504
Filed: September 11, 2020
Court: US District Court for the Western District of North Carolina
Presiding Judge: David S Cayer
Referring Judge: W Carleton Metcalf
2 Judge: Frank D Whitney
Nature of Suit: Trademark
Cause of Action: 15 U.S.C. § 1071 Trademark Infringement (Lanham Act)
Jury Demanded By: Plaintiff
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Docket Report

This docket was last retrieved on May 26, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
May 26, 2023 Opinion or Order Filing 191 REPLY to Response to Motion re #177 MOTION to Require CPI to File Its Closing-Argument Slides by Legacy Vivint Smart Home, Inc., Vivint Smart Home, Inc.. (Erteschik, Andrew)
May 22, 2023 Opinion or Order Filing 190 TRANSCRIPT of Jury Trial Proceedings, Volume X, held on 2/17/2023 before Judge Frank D. Whitney. NOTICE RE: REDACTION OF TRANSCRIPTS: The parties have 5 business days to file a Notice of Intent to Request Redaction and 21 calendar days to file a Redaction Request. If no notice is filed, this transcript will be made electronically available to the public without redaction after 90 calendar days. Transcript may be viewed at the court public terminal or purchased through the court reporter before the 90 day deadline. After that date it may be obtained through PACER. Policy at www.ncwd.uscourts.gov Release of Transcript Restriction set for 8/17/2023. (Reporter: Jill Turner, 704-350-7495)
May 22, 2023 Opinion or Order Filing 189 TRANSCRIPT of Jury Trial Proceedings, Volume IX, held on 2/16/2023 before Judge Frank D. Whitney. NOTICE RE: REDACTION OF TRANSCRIPTS: The parties have 5 business days to file a Notice of Intent to Request Redaction and 21 calendar days to file a Redaction Request. If no notice is filed, this transcript will be made electronically available to the public without redaction after 90 calendar days. Transcript may be viewed at the court public terminal or purchased through the court reporter before the 90 day deadline. After that date it may be obtained through PACER. Policy at www.ncwd.uscourts.gov Release of Transcript Restriction set for 8/17/2023. (Reporter: Jill Turner, 704-350-7495)
May 22, 2023 Opinion or Order Filing 188 TRANSCRIPT of Jury Trial Proceedings, Volume VIII-B, held on 2/15/2023 before Judge Frank D. Whitney. Court Reporter Kathy Cortopassi. NOTICE RE: REDACTION OF TRANSCRIPTS: The parties have 5 business days to file a Notice of Intent to Request Redaction and 21 calendar days to file a Redaction Request. If no notice is filed, this transcript will be made electronically available to the public without redaction after 90 calendar days. Transcript may be viewed at the court public terminal or purchased through the court reporter before the 90 day deadline. After that date it may be obtained through PACER. Policy at www.ncwd.uscourts.gov Release of Transcript Restriction set for 8/17/2023. (Reporter: Jill Turner, 704-350-7495)
May 22, 2023 Opinion or Order Filing 187 TRANSCRIPT of Jury Trial Proceedings, Volume VIII, held on 2/15/2023 before Judge Frank D. Whitney. NOTICE RE: REDACTION OF TRANSCRIPTS: The parties have 5 business days to file a Notice of Intent to Request Redaction and 21 calendar days to file a Redaction Request. If no notice is filed, this transcript will be made electronically available to the public without redaction after 90 calendar days. Transcript may be viewed at the court public terminal or purchased through the court reporter before the 90 day deadline. After that date it may be obtained through PACER. Policy at www.ncwd.uscourts.gov Release of Transcript Restriction set for 8/17/2023. (Reporter: Jill Turner, 704-350-7495)
May 22, 2023 Opinion or Order Filing 186 TRANSCRIPT of Jury Trial Proceedings, Volume VII, held on 2/14/2023 before Judge Frank D. Whitney. NOTICE RE: REDACTION OF TRANSCRIPTS: The parties have 5 business days to file a Notice of Intent to Request Redaction and 21 calendar days to file a Redaction Request. If no notice is filed, this transcript will be made electronically available to the public without redaction after 90 calendar days. Transcript may be viewed at the court public terminal or purchased through the court reporter before the 90 day deadline. After that date it may be obtained through PACER. Policy at www.ncwd.uscourts.gov Release of Transcript Restriction set for 8/17/2023. (Reporter: Jill Turner, 704-350-7495)
May 22, 2023 Opinion or Order Filing 185 TRANSCRIPT of Jury Trial Proceedings, Volume VI, held on 2/13/2023 before Judge Frank D. Whitney. NOTICE RE: REDACTION OF TRANSCRIPTS: The parties have 5 business days to file a Notice of Intent to Request Redaction and 21 calendar days to file a Redaction Request. If no notice is filed, this transcript will be made electronically available to the public without redaction after 90 calendar days. Transcript may be viewed at the court public terminal or purchased through the court reporter before the 90 day deadline. After that date it may be obtained through PACER. Policy at www.ncwd.uscourts.gov Release of Transcript Restriction set for 8/17/2023. (Reporter: Jill Turner, 704-350-7495)
May 22, 2023 Opinion or Order Filing 184 TRANSCRIPT of Jury Trial Proceedings, Volume V, held on 2/10/2023 before Judge Frank D. Whitney. NOTICE RE: REDACTION OF TRANSCRIPTS: The parties have 5 business days to file a Notice of Intent to Request Redaction and 21 calendar days to file a Redaction Request. If no notice is filed, this transcript will be made electronically available to the public without redaction after 90 calendar days. Transcript may be viewed at the court public terminal or purchased through the court reporter before the 90 day deadline. After that date it may be obtained through PACER. Policy at www.ncwd.uscourts.gov Release of Transcript Restriction set for 8/17/2023. (Reporter: Jill Turner, 704-350-7495)
May 22, 2023 Opinion or Order Filing 183 TRANSCRIPT of Jury Trial Proceedings, Volume IV, held on 2/9/2023 before Judge Frank D. Whitney. NOTICE RE: REDACTION OF TRANSCRIPTS: The parties have 5 business days to file a Notice of Intent to Request Redaction and 21 calendar days to file a Redaction Request. If no notice is filed, this transcript will be made electronically available to the public without redaction after 90 calendar days. Transcript may be viewed at the court public terminal or purchased through the court reporter before the 90 day deadline. After that date it may be obtained through PACER. Policy at www.ncwd.uscourts.gov Release of Transcript Restriction set for 8/17/2023. (Reporter: Jill Turner, 704-350-7495)
May 22, 2023 Opinion or Order Filing 182 TRANSCRIPT of Jury Trial Proceedings, Volume III, held on 2/8/2023 before Judge Frank D. Whitney. NOTICE RE: REDACTION OF TRANSCRIPTS: The parties have 5 business days to file a Notice of Intent to Request Redaction and 21 calendar days to file a Redaction Request. If no notice is filed, this transcript will be made electronically available to the public without redaction after 90 calendar days. Transcript may be viewed at the court public terminal or purchased through the court reporter before the 90 day deadline. After that date it may be obtained through PACER. Policy at www.ncwd.uscourts.gov Release of Transcript Restriction set for 8/17/2023. (Reporter: Jill Turner, 704-350-7495)
May 22, 2023 Opinion or Order Filing 181 TRANSCRIPT of Jury Trial Proceedings, Volume II, held on 2/7/2023 before Judge Frank D. Whitney. NOTICE RE: REDACTION OF TRANSCRIPTS: The parties have 5 business days to file a Notice of Intent to Request Redaction and 21 calendar days to file a Redaction Request. If no notice is filed, this transcript will be made electronically available to the public without redaction after 90 calendar days. Transcript may be viewed at the court public terminal or purchased through the court reporter before the 90 day deadline. After that date it may be obtained through PACER. Policy at www.ncwd.uscourts.gov Release of Transcript Restriction set for 8/17/2023. (Reporter: Jill Turner, 704-350-7495)
May 22, 2023 Opinion or Order Filing 180 TRANSCRIPT of Jury Trial Proceedings, Volume I, held on 2/6/2023 before Judge Frank D. Whitney. NOTICE RE: REDACTION OF TRANSCRIPTS: The parties have 5 business days to file a Notice of Intent to Request Redaction and 21 calendar days to file a Redaction Request. If no notice is filed, this transcript will be made electronically available to the public without redaction after 90 calendar days. Transcript may be viewed at the court public terminal or purchased through the court reporter before the 90 day deadline. After that date it may be obtained through PACER. Policy at www.ncwd.uscourts.gov Release of Transcript Restriction set for 8/17/2023. (Reporter: Jill Turner, 704-350-7495)
May 19, 2023 Opinion or Order Filing 179 RESPONSE in Opposition re #177 MOTION to Require CPI to File Its Closing-Argument Slides by CPI Security Systems, Inc.. Replies due by 5/26/2023 (Gieser, Caroline)
May 5, 2023 Opinion or Order Filing 178 MEMORANDUM in Support re #177 MOTION to Require CPI to File Its Closing-Argument Slides by Legacy Vivint Smart Home, Inc., Vivint Smart Home, Inc.. (Erteschik, Andrew)
May 5, 2023 Opinion or Order Filing 177 MOTION to Require CPI to File Its Closing-Argument Slides by Legacy Vivint Smart Home, Inc., Vivint Smart Home, Inc.. Responses due by 5/19/2023 (Attachments: #1 Exhibit Exhibit 1 - Declaration of Kent Hansen) (Erteschik, Andrew). Motions referred to W. Carleton Metcalf.
April 20, 2023 Opinion or Order Filing 176 REPLY to Response to Motion re #173 MOTION for Attorney Fees by CPI Security Systems, Inc.. (Attachments: #1 Exhibit Ex. 1 - Excerpt from Joshua Crittenden Deposition, #2 Exhibit Ex. 2 - Excerpt from John Shocknesse Deposition, #3 Exhibit Ex. 3 - Excerpt from Eric Schachner Deposition, #4 Exhibit Ex. 4 - Excerpt from Jorge Millares Deposition, #5 Exhibit Ex. 5 - Herbert and Brown Attorneys' Fee Motion, #6 Exhibit Ex. 6 - Kreitzer Attorneys' Fee Motion 2023, #7 Exhibit Ex. 7 - Kreitzer Attorneys' Fee Motion 2017)(Gieser, Caroline)
April 17, 2023 Opinion or Order Filing 175 RESPONSE in Opposition re #173 MOTION for Attorney Fees by Legacy Vivint Smart Home, Inc., Vivint Smart Home, Inc.. Replies due by 4/24/2023 (Attachments: #1 Exhibit 1 - Declaration of Alice C. Richey, #2 Exhibit 2 - CPI Privilege Log)(Erteschik, Andrew)
April 10, 2023 Opinion or Order Case reassigned to US Magistrate Judge W. Carleton Metcalf. Magistrate Judge David S. Cayer no longer assigned to the case. Motions referred to W. Carleton Metcalf: #173 MOTION for Attorney Fees This is your only notice - you will not receive a separate document.(thh)
April 7, 2023 Opinion or Order Filing 174 REPLY to Response to Motion re #160 MOTION to Alter Judgment MOTION for New Trial MOTION for Judgment NOV MOTION for Judgment as a Matter of Law by Legacy Vivint Smart Home, Inc., Vivint Smart Home, Inc.. (Sawchak, Matthew)
April 3, 2023 Opinion or Order Filing 173 MOTION for Attorney Fees by CPI Security Systems, Inc.. Responses due by 4/17/2023 (Attachments: #1 Exhibit Ex. 1 - Affidavit of Charles C. Eblen with Corresponding Time Entries, #2 Exhibit Ex. 2 - Affidavit of Douglas W. Ey, Jr.) (Gieser, Caroline). Motions referred to David S. Cayer.
March 31, 2023 Opinion or Order Filing 172 RESPONSE in Opposition re #160 MOTION to Alter Judgment MOTION for New Trial MOTION for Judgment NOV MOTION for Judgment as a Matter of Law by CPI Security Systems, Inc.. Replies due by 4/7/2023 (Gieser, Caroline)
March 30, 2023 Opinion or Order Filing 171 NOTICE of Supersedeas Bond by Legacy Vivint Smart Home, Inc., Vivint Smart Home, Inc. re #166 Order on Motion for Bond (Erteschik, Andrew)
March 30, 2023 Opinion or Order Filing 170 ORDER granting #169 Motion for Leave to Appear Pro Hac Vice added Rachel E. Epstein for Legacy Vivint Smart Home, Inc., Vivint Smart Home, Inc. (Pro Hac Vice Attorney served via NEF). Signed by Magistrate Judge David S. Cayer on 3/30/2023. (mek)
March 30, 2023 Opinion or Order Filing 169 MOTION for Leave to Appear Pro Hac Vice as to Rachel E. Epstein Filing fee $ 288, receipt number ANCWDC-6001817. by Legacy Vivint Smart Home, Inc., Vivint Smart Home, Inc.. (Erteschik, Andrew). Motions referred to David S. Cayer.
March 30, 2023 Opinion or Order Notice to Rachel E. Epstein: Pursuant to Local Rule 83.1 you are required to Register for E-Filing Access or Link Existing Account #Link. (Attorney served via NEF) Deadline by 4/6/2023. (mek)
March 28, 2023 Opinion or Order Filing 168 REPLY to Response to Motion re #157 MOTION to Alter Judgment to Add Pre-Judgment and Post-Judgment Interest by CPI Security Systems, Inc.. (Gieser, Caroline)
March 21, 2023 Opinion or Order Filing 167 RESPONSE in Opposition re #157 MOTION to Alter Judgment to Add Pre-Judgment and Post-Judgment Interest by Legacy Vivint Smart Home, Inc., Vivint Smart Home, Inc.. Replies due by 3/28/2023 (Erteschik, Andrew)
March 21, 2023 Opinion or Order Filing 166 ORDER granting #162 Motion for Supersedeas Bond in the amount of $189,700,000.00. Signed by District Judge Frank D. Whitney on 3/21/23. (clc)
March 21, 2023 Opinion or Order TEXT-ONLY ORDER denying #163 Joint MOTION for Extension of Time to File Response re: #160 MOTION to Alter Judgment, MOTION for New Trial, MOTION for Judgment NOV, MOTION for Judgment as a Matter of Law. So Ordered. Entered by Magistrate Judge David S. Cayer on 3/21/2023. (Pro se litigant served by US Mail.)(DLG)
March 20, 2023 Opinion or Order Filing 165 ORDER granting in part and denying in part #153 Motion for Transcripts. Specifically, after the transcript is completed, filed by the court reporter, and redactions are completed, Smythe may order the transcript or a portion thereof and submit payment as directed by the Clerks Office. Signed by Magistrate Judge David S. Cayer on 3/20/2023. (Pro se litigant served by US Mail.)(brl)
March 20, 2023 Opinion or Order Filing 164 REPLY to Response to Motion re #153 Pro Se MOTION for Transcripts by Movant Christie Smythe. (Attachment: #1 Envelope)(mek)
March 20, 2023 Opinion or Order Filing 163 Joint MOTION for Extension of Time to File Response/Reply re: #160 MOTION to Alter Judgment MOTION for New Trial MOTION for Judgment NOV MOTION for Judgment as a Matter of Law by Legacy Vivint Smart Home, Inc., Vivint Smart Home, Inc.. Responses due by 4/3/2023 (Attachments: #1 Proposed Order) (Erteschik, Andrew). Motions referred to David S. Cayer.
March 17, 2023 Opinion or Order Filing 162 Joint MOTION for Bond Approval by Legacy Vivint Smart Home, Inc., Vivint Smart Home, Inc.. Responses due by 3/31/2023 (Attachments: #1 Proposed Order) (Erteschik, Andrew). Motions referred to David S. Cayer.
March 17, 2023 Opinion or Order Filing 161 MEMORANDUM in Support re #160 MOTION to Alter Judgment MOTION for New Trial MOTION for Judgment NOV MOTION for Judgment as a Matter of Law by Legacy Vivint Smart Home, Inc., Vivint Smart Home, Inc.. (Sawchak, Matthew)
March 17, 2023 Opinion or Order Filing 160 MOTION to Alter Judgment , MOTION for New Trial , MOTION for Judgment NOV , MOTION for Judgment as a Matter of Law by Legacy Vivint Smart Home, Inc., Vivint Smart Home, Inc. Responses due by 3/31/2023 (Sawchak, Matthew). Modified on 3/20/2023 to remove referral (mek).
March 17, 2023 Opinion or Order Filing 159 NOTICE of Appearance by Erik R. Zimmerman on behalf of Legacy Vivint Smart Home, Inc., Vivint Smart Home, Inc. (Zimmerman, Erik)
March 17, 2023 Opinion or Order Filing 158 NOTICE of Appearance by Matthew W. Sawchak on behalf of Legacy Vivint Smart Home, Inc., Vivint Smart Home, Inc. (Sawchak, Matthew)
March 7, 2023 Opinion or Order Filing 157 MOTION to Alter Judgment to Add Pre-Judgment and Post-Judgment Interest by CPI Security Systems, Inc.. Responses due by 3/21/2023 (Gieser, Caroline)
March 7, 2023 Opinion or Order Filing 156 RESPONSE to Motion re #153 MOTION for Transcripts by CPI Security Systems, Inc.. Replies due by 3/14/2023 (Gieser, Caroline)
March 7, 2023 Opinion or Order Filing 155 RESPONSE to Motion re #153 MOTION for Transcripts by Legacy Vivint Smart Home, Inc., Vivint Smart Home, Inc.. Replies due by 3/14/2023 (Erteschik, Andrew)
March 7, 2023 Opinion or Order Filing 154 ORDER denying #152 Joint MOTION for Extension of Time to file: (1) Vivint's brief in support of its post-trial motions; and (2) CPI's motion for attorneys' fees and costs, as well as the brief in support of that motion . Signed by District Judge Frank D. Whitney on 3/6/23. (Pro se litigant served by US Mail.)(clc)
March 7, 2023 Opinion or Order TEXT-ONLY ORDER: The parties are directed to serve on Pro Se Movant Christie Smythe their respective responses #155 , #156 to Movant Smythe's #153 Motion for Transcripts. Service shall be made forthwith by best practicable method including email if they have Movant Smythe's email address. So Ordered. Entered by Magistrate Judge David S. Cayer on 3/7/2023. (Pro se litigant served by US Mail.)(mek)
March 6, 2023 Opinion or Order TEXT-ONLY ORDER Setting Expedited Response Deadline re: Movant Christie Smythe's #153 Pro Se MOTION for Transcripts. Responses due by 5:00pm on Wednesday, 3/8/2023. Signed by Magistrate Judge David S. Cayer on 3/6/2023. (Pro se litigant served by US Mail.)(mek)
March 3, 2023 Opinion or Order Filing 153 Pro Se MOTION for Transcripts by Christie Smythe. Responses due by 3/17/2023 (Attachments: #1 Envelope) (tlj). Motions referred to David S. Cayer.
March 2, 2023 Opinion or Order Filing 152 Joint MOTION for Extension of Time to file: (1) Vivint's brief in support of its post-trial motions; and (2) CPI's motion for attorneys' fees and costs, as well as the brief in support of that motion by Legacy Vivint Smart Home, Inc., Vivint Smart Home, Inc.. Responses due by 3/16/2023 (Attachments: #1 Proposed Order) (Erteschik, Andrew). Modified on 3/6/2023 to remove referral (mek).
February 28, 2023 Opinion or Order Filing 151 Unopposed MOTION for Extension of Time to File Motion for Attorney's Fees and Related Non-Taxable Expenses by CPI Security Systems, Inc.. Responses due by 3/14/2023 (Gieser, Caroline). Motions referred to David S. Cayer.
February 28, 2023 Opinion or Order TEXT-ONLY ORDER granting #151 Unopposed MOTION for Extension of Time to File Motion for Attorney's Fees and Related Non-Taxable Expenses. Motion for Attorney's Fees and Related Non-Taxable Expenses due by 4/3/2023. So Ordered. Entered by Magistrate Judge David S. Cayer on 2/28/2023. (DLG)
February 17, 2023 Opinion or Order Filing 150 REPORT on the Determination of an action regarding patent and/or trademark numbers contained in complaint. (clc)
February 17, 2023 Opinion or Order Filing 149 CLERK'S JUDGMENT is hereby entered in accordance with the Jury's Verdict dated 2/17/23. Signed by Clerk, Frank G. Johns. (clc)
February 17, 2023 Opinion or Order Filing 148 JURY VERDICT (Attachments: #1 Unredacted Signature Page)(clc)
February 17, 2023 Opinion or Order Minute Entry: JURY TRIAL held before District Judge Frank D. Whitney.. Jury resumes deliberations. Jury returns verdict. Plaintiffs attorney: Charles Eblen, Eric Hobbs & Caroline Gieser. Defendants attorney: Michael Kreitzer, Matthew Steward, Andrew Erteschik & Joshua Brown. Court reporter: Jill Turner. (clc)
February 16, 2023 Opinion or Order Minute Entry: JURY TRIAL held before District Judge Frank D. Whitney. Closing arguments. Courts charge. Jury retires to deliberate. Oral Renewed Motion for Judgment as a Matter of Law is Denied by Court. Jury Trial set for 2/17/2023 09:00 AM in Courtroom #5B, 401 W Trade St, Charlotte, NC 28202 before District Judge Frank D. Whitney. Plaintiffs attorney: Charles Eblen, Eric Hobbs & Caroline Gieser. Defendants attorney: Michael Kreitzer, Matthew Steward, Andrew Erteschik. Court reporter: Jill Turner. (clc)
February 16, 2023 Opinion or Order TEXT-ONLY ORDER granting #142 Motion to Quash. For the reasons stated in open court on February 6, 2023, the Court GRANTS Eric Schachner's Motion to Quash. Entered by District Judge Frank D. Whitney on 2/16/2023. (lvb)
February 16, 2023 Opinion or Order TEXT-ONLY ORDER granting #140 Motion to Quash. For the reasons stated in open court on February 6, 2023, the Court GRANTS Plaintiff's Motion to Quash the Trial Subpoena to its CEO, Kenneth Gill. Entered by District Judge Frank D. Whitney on 2/16/23. (lvb)
February 15, 2023 Opinion or Order Minute Entry: JURY TRIAL held before District Judge Frank D. Whitney.. Evidence Introduced. Defendant rested. Jury Trial set for 2/16/2023 08:30 AM in Courtroom #5B, 401 W Trade St, Charlotte, NC 28202 before District Judge Frank D. Whitney. Plaintiffs attorney: Charles Eblen, Eric Hobbs & Caroline Gieser. Defendants attorney: Michael Kreitzer, Matthew Steward, Andrew Erteschik. Court reporter: Jill Turner & Kathy Cortapassi. (clc)
February 14, 2023 Opinion or Order Minute Entry: JURY TRIAL held before District Judge Frank D. Whitney.. Evidence Introduced. Plaintiff rested. Jury Trial set for 2/15/2023 09:00 AM in Courtroom #5B, 401 W Trade St, Charlotte, NC 28202 before District Judge Frank D. Whitney. Plaintiffs attorney: Charles Eblen, Eric Hobbs & Caroline Gieser. Defendants attorney: Michael Kreitzer, Matthew Steward, Andrew Erteschik. Court reporter: Jill Turner. (clc)
February 13, 2023 Opinion or Order Minute Entry: JURY TRIAL held before District Judge Frank D. Whitney. Charge Conference. Jury Trial set for 2/14/2023 08:45 AM in Courtroom #5B, 401 W Trade St, Charlotte, NC 28202 before District Judge Frank D. Whitney. Plaintiffs attorney: Charles Eblen, Eric Hobbs & Caroline Gieser. Defendants attorney: Michael Kreitzer, Matthew Steward, Andrew Erteschik. Court reporter: Jill Turner. (clc)
February 10, 2023 Opinion or Order Minute Entry: JURY TRIAL held before District Judge Frank D. Whitney.. Evidence Introduced. Jury Trial set for 2/13/2023 03:00 PM in Courtroom #5B, 401 W Trade St, Charlotte, NC 28202 before District Judge Frank D. Whitney. Plaintiffs attorney: Eric Hobbs, Charles Eblen & Caroline Gieser. Defendants attorney: Michael Kreitzer, Matthew Steward, Andrew Erteschik & Joshua Brown. Court reporter: Jill Turner. (clc)
February 9, 2023 Opinion or Order Minute Entry: JURY TRIAL held before District Judge Frank D. Whitney.. Evidence Introduced. Jury Trial set for 2/10/2023 08:45 AM in Courtroom #5B, 401 W Trade St, Charlotte, NC 28202 before District Judge Frank D. Whitney. Plaintiffs attorney: Charles Eblen, Eric Hobbs & Caroline Gieser. Defendants attorney: Michael Kreitzer, Matthew Steward & Andrew Erteschik. Court reporter: Jill Turner. (clc)
February 8, 2023 Opinion or Order Minute Entry: JURY TRIAL held before District Judge Frank D. Whitney.. Evidence Introduced. Jury Trial set for 2/9/2023 08:55 AM in Courtroom #5B, 401 W Trade St, Charlotte, NC 28202 before District Judge Frank D. Whitney. Plaintiffs attorney: Charles Eblen, Eric Hobbs & Caroline Gieser. Defendants attorney: Michael Kreitzer, Matthew Steward, Andrew Erteschik. Court reporter: Jill Turner. (clc)
February 8, 2023 Opinion or Order Filing 147 Proposed Jury Instructions by CPI Security Systems, Inc. (Attachments: #1 Exhibit Proposed Jury Instructions (with citations), #2 Exhibit Proposed Jury Instructions (clean), #3 Exhibit Proposed Verdict Form, #4 Exhibit Final Jury Instructions Alder v. ADT)(Gieser, Caroline)
February 8, 2023 Opinion or Order Filing 146 Proposed Jury Instructions by Legacy Vivint Smart Home, Inc., Vivint Smart Home, Inc.(Durnovich, John)
February 8, 2023 Opinion or Order Filing 145 TRIAL BRIEF REGARDING EXHIBIT P50 by CPI Security Systems, Inc.(Gieser, Caroline)
February 8, 2023 Opinion or Order Filing 144 TRIAL BRIEF Vivint's Supplemental Brief on Hearsay Records of Customer Complaints by Legacy Vivint Smart Home, Inc., Vivint Smart Home, Inc.(Durnovich, John)
February 7, 2023 Opinion or Order Minute Entry: JURY TRIAL held before District Judge Frank D. Whitney. Evidence Introduced. Jury Trial set for 2/8/2023 09:00 AM in Courtroom #5B, 401 W Trade St, Charlotte, NC 28202 before District Judge Frank D. Whitney. Plaintiffs attorney: Charles Eblen, Eric Hobbs & Caroline Gieser. Defendants attorney: Michael Kreitzer, Matthew Steward & Andrew Erteschik. Court reporter: Jill Turner. (clc)
February 6, 2023 Opinion or Order Minute Entry: JURY TRIAL held before District Judge Frank D. Whitney. Jury selected and sworn. Opening Statements. Jury Trial set for 2/7/2023 09:00 AM in Courtroom #5B, 401 W Trade St, Charlotte, NC 28202 before District Judge Frank D. Whitney. Plaintiffs attorney: Charles Eblen, Eric Hobbs & Caroline Gieser. Defendants attorney: Michael Kreitzer, Matthew Steward, Andrew Erteschik. Court reporter: Jill Turner. (clc)
February 3, 2023 Opinion or Order Filing 143 MEMORANDUM in Support re #142 MOTION to Quash trial subpoena by Eric Schachner. (Tharp, Paul)
February 3, 2023 Opinion or Order Filing 142 MOTION to Quash trial subpoena by Eric Schachner. Responses due by 2/17/2023 (Tharp, Paul). Modified on 2/7/2023 to remove referral (mek).
February 3, 2023 Opinion or Order Filing 141 NOTICE of Appearance by Paul A. Tharp on behalf of Eric Schachner (Tharp, Paul)
February 3, 2023 Opinion or Order Filing 140 MOTION to Quash PLAINTIFF CPI SECURITY SYSTEMS, INC.S MOTION TO QUASH THE TRIAL SUBPOENA TO ITS CEO KENNETH GILL, OR IN THE ALTERNATIVE TO COMPEL VIVINTS CEOS TESTIMONY by CPI Security Systems, Inc.. Responses due by 2/17/2023 (Attachments: #1 Exhibit A - Notice of Depo of Kenneth Gill, #2 Exhibit B - Notice of Depo of David H. Bywater, #3 Exhibit C - Trial Subpoena to Kenneth Gill) (Gieser, Caroline). Modified on 2/7/2023 to remove referral (mek).
February 3, 2023 Opinion or Order Filing 139 Exhibit List Defendants' Trial Exhibit List (With CPI's Objections) by Legacy Vivint Smart Home, Inc., Vivint Smart Home, Inc..(Durnovich, John)
February 2, 2023 Opinion or Order Filing 138 Miscellaneous Filing by CPI Security Systems, Inc.. PLAINTIFF CPI SECURITY SYSTEMS, INC.S AMENDED TRIAL WITNESS LIST (Gieser, Caroline)
February 2, 2023 Opinion or Order Filing 137 Exhibit List PLAINTIFF CPI SECURITY SYSTEMS, INC.S AMENDED TRIAL EXHIBIT LIST (WITH DEFENDANTS OBJECTIONS) by CPI Security Systems, Inc..(Gieser, Caroline)
February 2, 2023 Opinion or Order Filing 136 Miscellaneous Filing by CPI Security Systems, Inc.. PLAINTIFF CPI SECURITY SYSTEMS, INC.S SUPPLEMENTAL DEPOSITION DESIGNATIONS OF TESTIMONY TAKEN SUBSEQUENT TO THE JOINT PRETRIAL SUBMISSION (Gieser, Caroline)
January 30, 2023 Opinion or Order Filing 135 Miscellaneous Filing by Legacy Vivint Smart Home, Inc., Vivint Smart Home, Inc.. Supplemental Objection to Janet Newmark Deposition Transcript (Durnovich, John)
January 30, 2023 Opinion or Order Filing 134 Witness List (Sealed - Participants) by Legacy Vivint Smart Home, Inc., Vivint Smart Home, Inc.(Durnovich, John)
December 6, 2022 Opinion or Order Filing 133 TRANSCRIPT of Pretrial Conference held on 12/1/22 before Judge Whitney. NOTICE RE: REDACTION OF TRANSCRIPTS: The parties have 5 business days to file a Notice of Intent to Request Redaction and 21 calendar days to file a Redaction Request. If no notice is filed, this transcript will be made electronically available to the public without redaction after 90 calendar days. Transcript may be viewed at the court public terminal or purchased through the court reporter before the 90 day deadline. After that date it may be obtained through PACER. Policy at www.ncwd.uscourts.gov Release of Transcript Restriction set for 3/3/2023. (kac)
December 1, 2022 Opinion or Order Filing 132 ORDER granting #131 Motion for Leave to Appear Pro Hac Vice added Jason Robert Scott for CPI Security Systems, Inc. (Pro Hac Vice Attorney served via NEF). Signed by Magistrate Judge David S. Cayer on 11/30/2022. (mek)
December 1, 2022 Opinion or Order Notice to Jason Robert Scott: Pursuant to Local Rule 83.1 you are required to Register for E-Filing Access or Link Existing Account #Link. (Attorney served via NEF) Deadline by 12/8/2022. (mek)
December 1, 2022 Opinion or Order Minute Entry: FINAL PRETRIAL CONFERENCE held before District Judge Frank D. Whitney. Plaintiffs attorney: Charles Eblen & Caroline Gieser. Defendants attorney: Michael Kreitzer. Court reporter: Kathy Cortopassi. (clc)
November 30, 2022 Opinion or Order Filing 131 MOTION for Leave to Appear Pro Hac Vice as to Jason Robert Scott Filing fee $ 288, receipt number ANCWDC-5846235. by CPI Security Systems, Inc.. (Attachments: #1 Exhibit Certificate of Good Standing of Jason Scott) (Gieser, Caroline). Motions referred to David S. Cayer.
November 17, 2022 Opinion or Order Filing 130 ORDER and NOTICE OF HEARING, ( Final Pretrial Conference set for 12/1/2022 10:00 AM in Courtroom #5B, 401 W Trade St, Charlotte, NC 28202 before District Judge Frank D. Whitney.). Signed by District Judge Frank D. Whitney on 11/17/22. (clc)
November 17, 2022 Opinion or Order TEXT-ONLY ORDER granting #129 Motion to Withdraw as Attorney. Attorney Erin Michelle Fishman terminated. So Ordered. Entered by Magistrate Judge David S. Cayer on 11/17/2022. (DLG)
November 16, 2022 Opinion or Order Filing 129 MOTION to Withdraw as Attorney of Erin Fishman by CPI Security Systems, Inc.. Responses due by 11/30/2022 (Gieser, Caroline). Motions referred to David S. Cayer.
August 22, 2022 Opinion or Order Filing 128 ORDER sua sponte as to the trial setting in this case. ( Final Pretrial Conference set for 2/6/2023 09:00 AM in Courtroom #5B, 401 W Trade St, Charlotte, NC 28202 before District Judge Frank D. Whitney., Jury Trial set for 2/6/2023 09:30 AM in Courtroom #5B, 401 W Trade St, Charlotte, NC 28202 before District Judge Frank D. Whitney.). Signed by District Judge Frank D. Whitney on 8/22.22. (clc)
June 10, 2022 Opinion or Order Filing 127 ORDER granting #126 Consent MOTION to Vacate Peremptory Trial setting and for a Status Conference. Signed by District Judge Frank D. Whitney on 6/10/22. (clc)
June 9, 2022 Opinion or Order Filing 126 Consent MOTION to Vacate Trial and for a Status Conference by CPI Security Systems, Inc.. Responses due by 6/23/2022 (Gieser, Caroline). Motions referred to David S. Cayer.
May 4, 2022 Opinion or Order Filing 125 TRANSCRIPT of Motions Hearing held on 3/25/2022 before Judge Frank D. Whitney. NOTICE RE: REDACTION OF TRANSCRIPTS: The parties have 5 business days to file a Notice of Intent to Request Redaction and 21 calendar days to file a Redaction Request. If no notice is filed, this transcript will be made electronically available to the public without redaction after 90 calendar days. Transcript may be viewed at the court public terminal or purchased through the court reporter before the 90 day deadline. After that date it may be obtained through PACER. Policy at www.ncwd.uscourts.gov Release of Transcript Restriction set for 8/1/2022. (Reporter: Jill Turner, 704-350-7495)
April 8, 2022 Opinion or Order Minute Entry: MOTION HEARING held before District Judge Frank D. Whitney. Re #116 MOTION in Limine , #102 MOTION in Limine TO EXCLUDE IRRELEVANT AND INFLAMMATORY RACE-RELATED EVIDENCE AT TRIAL. Plaintiffs attorney: Charles Eblen & Caroline Gieser. Defendants attorney: Andrew Erteschick, Matthew Steward & Michael Kreitzer. Court reporter: Jill Turner. (clc)
April 7, 2022 Opinion or Order Filing 124 Miscellaneous Filing by CPI Security Systems, Inc.. re: #81 Miscellaneous Filing,,, PLAINTIFF CPI SECURITY SYSTEMS, INC.S SUPPLEMENTAL TRIAL WITNESS DISCLOSURE (Gieser, Caroline)
March 28, 2022 Opinion or Order Filing 123 ORDER granting in part and denying in part #102 Motion in Limine; denying #116 Motion in Limine. Signed by District Judge Frank D. Whitney on 3/28/22. (clc)
February 18, 2022 Opinion or Order Filing 122 ORDER Setting Hearing on Motion #102 MOTION in Limine TO EXCLUDE IRRELEVANT AND INFLAMMATORY RACE-RELATED EVIDENCE AT TRIAL, #116 MOTION in Limine : Motion Hearing set for 3/25/2022 02:00 PM in Courtroom #5B, 401 W Trade St, Charlotte, NC 28202 before District Judge Frank D. Whitney.. Signed by District Judge Frank D. Whitney on 2/18/22. (clc)
February 4, 2022 Opinion or Order Filing 121 ORDER sua sponte as to the trial setting in this matter, which is currently scheduled to begin February 14, 2022. Given the ongoing spike of the coronavirus pandemic in the United States and the State of North Carolina, and the length of time anticipated for trial, the Court hereby continues trial in this matter to June 13, 2022. ( Jury Trial RESET for 6/13/2022 09:00 AM in Courtroom #5B, 401 W Trade St, Charlotte, NC 28202 before District Judge Frank D. Whitney.). Signed by District Judge Frank D. Whitney on 2/4/22. (clc)
February 1, 2022 Opinion or Order Filing 120 Miscellaneous Filing by CPI Security Systems, Inc.. re: #113 Miscellaneous Filing, PLAINTIFF CPI SECURITY SYSTEMS, INC.S AMENDED SUPPLEMENTAL DEPOSITION DESIGNATIONS OF TESTIMONY TAKEN SUBSEQUENT TO THE JOINT PRETRIAL SUBMISSION (Attachments: #1 Exhibit PLAINTIFF CPI SECURITY SYSTEMS, INC.S AMENDED SUPPLEMENTAL DEPOSITION DESIGNATIONS OF TESTIMONY TAKEN SUBSEQUENT TO THE JOINT PRETRIAL SUBMISSION WITH REDLINES TO REFLECT CHANGES)(Gieser, Caroline)
February 1, 2022 Opinion or Order Filing 119 Miscellaneous Filing by CPI Security Systems, Inc.. re: #113 Miscellaneous Filing, #81 Miscellaneous Filing,,, PLAINTIFF'S AMENDED DEPOSITION DESIGNATIONS (WITH DEFENDANTS' OBJECTIONS AND COUNTER DESIGNATIONS) (Attachments: #1 Exhibit CPI's Amended Deposition Designations with Redlines to Reflect Changes)(Gieser, Caroline)
January 25, 2022 Opinion or Order Filing 118 MEMORANDUM in Opposition re #116 MOTION in Limine by CPI Security Systems, Inc.. Replies due by 2/1/2022 (Attachments: #1 Exhibit Vivint MIL to Admit Customer Audio, #2 Exhibit Order Granting Vivint MIL in Vivint v. Elite, #3 Exhibit Middlebrooks Ruling Admitting Customer Complaint Records and Vivint Statements, #4 Exhibit Tr Ex P616 - Vivint Memorandum RE Customer Complaint Statistics, #5 Exhibit Middlebrooks Ruling RE Rule 404 Evidence in ADT v. Vivint)(Gieser, Caroline)
January 18, 2022 Opinion or Order Filing 117 MEMORANDUM in Support re #116 MOTION in Limine by Legacy Vivint Smart Home, Inc., Vivint Smart Home, Inc.. (Attachments: #1 Exhibit 1 - Call Transcript Ricky, #2 Exhibit 2 - Call Transcript Quinn, #3 Exhibit 3 - Call Transcript Lott, #4 Exhibit 4 - Lott Declaration, #5 Exhibit 5 - Call Transcript Ashley, #6 Exhibit 6 - Voicemail Transcript Ashley, #7 Exhibit 7 - Call Transcript Love, #8 Exhibit 8 - Call Transcript Douglas, #9 Exhibit 9 - Depo Excerpts Shocknesse, #10 Exhibit 10 - Depo Excerpts Hinton, #11 Exhibit 11 - Depo Excerpts Newmark, #12 Exhibit 12 - Depo Excerpts Ward, #13 Exhibit 13 - CPI's 2nd Supp R. 26(a)(1) Disclosures, #14 Exhibit 14 - Vivint's 5-5-21 Deficiency Letter to CPI, #15 Exhibit 15 - Vivint's 6-30-21 Deficiency Letter to CPI)(Erteschik, Andrew)
January 18, 2022 Opinion or Order Filing 116 MOTION in Limine by Legacy Vivint Smart Home, Inc., Vivint Smart Home, Inc.. Responses due by 2/1/2022 (Erteschik, Andrew)
January 14, 2022 Opinion or Order Filing 115 ORDER denying without prejudice #86 Motion in Limine; denying denying without prejudice #88 Motion in Limine; denying without prejudice #90 Motion in Limine; denying without prejudice #92 Motion in Limine; denying #94 Motion in Limine; granting #97 Motion in Limine. The Court DEFERS on ruling on Plaintiffs Motion in Limine to Exclude Irrelevant and Inflammatory Race-Related Evidence at Trial (Doc. No. 102). Signed by District Judge Frank D. Whitney on 1/14/22. (clc)
January 14, 2022 Opinion or Order Filing 114 TRANSCRIPT of Motions Hearing held on 01/10/2022 before Judge Frank D. Whitney. NOTICE RE: REDACTION OF TRANSCRIPTS: The parties have 5 business days to file a Notice of Intent to Request Redaction and 21 calendar days to file a Redaction Request. If no notice is filed, this transcript will be made electronically available to the public without redaction after 90 calendar days. Transcript may be viewed at the court public terminal or purchased through the court reporter before the 90 day deadline. After that date it may be obtained through PACER. Policy at www.ncwd.uscourts.gov Release of Transcript Restriction set for 4/11/2022. (kac)
January 10, 2022 Opinion or Order Minute Entry: MOTION HEARING held before District Judge Frank D. Whitney. Re #92 MOTION in Limine to Exclude Inadmissible Hearsay Related to Plaintiff's Damages Theories, #88 MOTION in Limine to Exclude Vivint's Prior Lawsuits Against Competitors, #94 MOTION in Limine to Exclude Testimony of Russell Winer Pursuant to Rule 702, #97 MOTION in Limine to Exclude Testimony of Russell Mangum Pursuant to Rule 702, #90 MOTION in Limine to Exclude External Proceedings and Complaints to Nonparties, #102 MOTION in Limine TO EXCLUDE IRRELEVANT AND INFLAMMATORY RACE-RELATED EVIDENCE AT TRIAL, #86 MOTION in Limine to Exclude Out-of-Court Customer Complaints. Plaintiffs attorney: Caroline Gieser, Charles Eblen & Eric Hobbs. Defendants attorney: Matthew Steward, Michael Kreitzer & Andrew Erteschik. Court reporter: Kathleen Cortopassi. (clc)
January 5, 2022 Opinion or Order Filing 113 Miscellaneous Filing by CPI Security Systems, Inc.. re: #81 Miscellaneous Filing,,, PLAINTIFF CPI SECURITY SYSTEMS, INC.S SUPPLEMENTAL DEPOSITION DESIGNATIONS OF TESTIMONY TAKEN SUBSEQUENT TO THE JOINT PRETRIAL SUBMISSION (Attachments: #1 Exhibit DEPOSITION OF JOSHUA CRITTENDEN, #2 Exhibit DEPOSITION OF TERRELL HARRIS)(Gieser, Caroline)
January 3, 2022 Opinion or Order Filing 112 ORDER Setting Hearing on Motion #88 MOTION in Limine to Exclude Vivint's Prior Lawsuits Against Competitors, #90 MOTION in Limine to Exclude External Proceedings and Complaints to Nonparties, #86 MOTION in Limine to Exclude Out-of-Court Customer Complaints, #94 MOTION in Limine to Exclude Testimony of Russell Winer Pursuant to Rule 702, #102 MOTION in Limine TO EXCLUDE IRRELEVANT AND INFLAMMATORY RACE-RELATED EVIDENCE AT TRIAL, #92 MOTION in Limine to Exclude Inadmissible Hearsay Related to Plaintiff's Damages Theories, #97 MOTION in Limine to Exclude Testimony of Russell Mangum Pursuant to Rule 702 :( Motion Hearing set for 1/10/2022 02:00 PM in Courtroom #5B, 401 W Trade St, Charlotte, NC 28202 before District Judge Frank D. Whitney.). Court hereby CONTINUES trial in this matter to Monday, February 14, 2022, at 9:01 A.M. ( Jury Trial set for 2/14/2022 09:01 AM in Courtroom #5B, 401 W Trade St, Charlotte, NC 28202 before District Judge Frank D. Whitney.). Signed by District Judge Frank D. Whitney on 1/3/22. (clc)
December 23, 2021 Opinion or Order Filing 111 RESPONSE in Opposition re #86 MOTION in Limine to Exclude Out-of-Court Customer Complaints by CPI Security Systems, Inc.. Replies due by 12/30/2021 (Attachments: #1 Exhibit Exhibit A - Vivint v. Elite MIL, #2 Exhibit Exhibit B - Vivint v. Elite MIL Order, #3 Exhibit Exhibit C - Vivint v. AP MIL, #4 Exhibit Exhibit D - Vivint v. AP Withdrawal of MIL, #5 Exhibit Exhibit E - Ruling on MIL re Customer Audios in ADT v Northstar)(Gieser, Caroline)
December 23, 2021 Opinion or Order Filing 110 RESPONSE in Opposition re #97 MOTION in Limine to Exclude Testimony of Russell Mangum Pursuant to Rule 702 by CPI Security Systems, Inc.. Replies due by 12/30/2021 (Attachments: #1 Exhibit Ex A - Paperless Order Denying MTE Mangum - ADT LLC v. Capital Connect, Inc., #2 Exhibit Ex B - Paperless Order Denying MTE Mangum - ADT v AP, #3 Exhibit Ex C - Order Denying MSJ on Royalty Damages, #4 Exhibit Ex D - Order Denying in Part and Granting in Part MTE Mangum - ADT v Vivint)(Gieser, Caroline)
December 22, 2021 Opinion or Order Filing 109 RESPONSE in Opposition re #90 MOTION in Limine to Exclude External Proceedings and Complaints to Nonparties by CPI Security Systems, Inc.. Replies due by 12/29/2021 (Gieser, Caroline)
December 22, 2021 Opinion or Order Filing 108 RESPONSE in Opposition re #92 MOTION in Limine to Exclude Inadmissible Hearsay Related to Plaintiff's Damages Theories by CPI Security Systems, Inc.. Replies due by 12/29/2021 (Attachments: #1 Exhibit Ex. A - VIVINT, INC.S MOTION IN LIMINE TO ADMIT AUDIO RECORDINGS, #2 Exhibit Ex. B - ORDER GRANTING MOTION IN LIMINE, #3 Exhibit Ex. C - ORDER ON MOTION TO EXCLUDE BBB COMPLAINTS 12/8/17, #4 Exhibit Ex. D - ORDER ON MOTION TO EXCLUDE BBB COMPLAINTS 12/11/17, #5 Exhibit Ex. E - VIVINT'S MEMORANDUM IN SUPPORT OF MOTION FOR PRELIMINARY INJUNCTION)(Gieser, Caroline)
December 22, 2021 Opinion or Order Filing 107 RESPONSE in Opposition re #88 MOTION in Limine to Exclude Vivint's Prior Lawsuits Against Competitors by CPI Security Systems, Inc.. Replies due by 12/29/2021 (Gieser, Caroline)
December 22, 2021 Opinion or Order Filing 106 RESPONSE in Opposition re #94 MOTION in Limine to Exclude Testimony of Russell Winer Pursuant to Rule 702 by CPI Security Systems, Inc.. Replies due by 12/29/2021 (Attachments: #1 Exhibit Ex. A - Brian Buss Excerpts, #2 Exhibit Ex. B -Vivint MIS Motion for Preliminary Injunction (Vivint v Elite Security))(Gieser, Caroline)
December 22, 2021 Opinion or Order Filing 105 RESPONSE in Opposition re #102 MOTION in Limine TO EXCLUDE IRRELEVANT AND INFLAMMATORY RACE-RELATED EVIDENCE AT TRIAL by Legacy Vivint Smart Home, Inc., Vivint Smart Home, Inc.. Replies due by 12/29/2021 (Attachments: #1 Exhibit 1 - Depo Excerpts Shocknesse, #2 Exhibit 2 - Depo Excerpts Maxwell, #3 Exhibit 3 - Depo Excerpts Cheek, #4 Exhibit 4 - Depo Excerpts Mariso, #5 Exhibit 5 - Depo Excerpts Schachner)(Erteschik, Andrew)
December 20, 2021 Opinion or Order Filing 104 ORDER denying #82 Motion for Leave to Withhold Service of Trial Subpoenas Until a Date Certain is Set for Trial; denying #100 Motion to Bifurcate. Signed by District Judge Frank D. Whitney on 12/20/21. (clc)
December 16, 2021 Opinion or Order Minute Order: TELEPHONE CONFERENCE held before Magistrate Judge David S. Cayer. Having reviewed the parties' one page submissions, the Court finds that a telephone conference is not needed. Accordingly the telephone conference scheduled for 1:30pm today is CANCELLED. Defendant's objection to producing customer subscriber base percentages on a state-by-state basis is SUSTAINED. So Ordered. Plaintiffs attorney: N/A. Defendants attorney: N/A. Court reporter: N/A. (DLG)
December 15, 2021 Opinion or Order Filing 103 MEMORANDUM in Support re #102 MOTION in Limine TO EXCLUDE IRRELEVANT AND INFLAMMATORY RACE-RELATED EVIDENCE AT TRIAL by CPI Security Systems, Inc.. (Attachments: #1 Exhibit June 4, 2020 Queen City Unity Email Exchange, #2 Exhibit Phelps v. Gill Complaint, #3 Exhibit Jorge Millares Deposition Excerpts, #4 Exhibit John Shocknesse Deposition Excerpts)(Gieser, Caroline)
December 15, 2021 Opinion or Order Filing 102 MOTION in Limine TO EXCLUDE IRRELEVANT AND INFLAMMATORY RACE-RELATED EVIDENCE AT TRIAL by CPI Security Systems, Inc.. Responses due by 12/29/2021 (Gieser, Caroline)
December 15, 2021 Opinion or Order Filing 101 MEMORANDUM in Support re #100 MOTION to Bifurcate Trial by Legacy Vivint Smart Home, Inc., Vivint Smart Home, Inc.. (Erteschik, Andrew)
December 15, 2021 Opinion or Order Filing 100 MOTION to Bifurcate Trial by Legacy Vivint Smart Home, Inc., Vivint Smart Home, Inc.. Responses due by 12/29/2021 (Erteschik, Andrew)
December 15, 2021 Opinion or Order Filing 99 Sealed Document (Sealed - Attorney): Unredacted Memorandum in Support of re: #97 MOTION in Limine to Exclude Testimony of Russell Mangum Pursuant to Rule 702 (available to CPI Security Systems, Inc., Legacy Vivint Smart Home, Inc., Vivint Smart Home, Inc.) (Attachments: #1 Exhibit 1 - Expert Report of Russell Mangum, #2 Exhibit 2 - Deposition Transcript of Russell Mangum)(Erteschik, Andrew)
December 15, 2021 Opinion or Order Filing 98 MEMORANDUM in Support re #97 MOTION in Limine to Exclude Testimony of Russell Mangum Pursuant to Rule 702 by Legacy Vivint Smart Home, Inc., Vivint Smart Home, Inc.. (Attachments: #1 Exhibit 1 - Notice of Sealed Exhibit - Expert Report of Russell Mangum, #2 Exhibit 2 - Deposition Transcript of Russell Mangum, #3 Exhibit 3 - Order re Mangum - ADT LLC v. Vivint, Inc., #4 Exhibit 4 - Depo Excerpts Schachner)(Erteschik, Andrew)
December 15, 2021 Opinion or Order Filing 97 MOTION in Limine to Exclude Testimony of Russell Mangum Pursuant to Rule 702 by Legacy Vivint Smart Home, Inc., Vivint Smart Home, Inc.. Responses due by 12/29/2021 (Erteschik, Andrew)
December 15, 2021 Opinion or Order Filing 96 Sealed Document (Sealed - Attorney): Unredacted Memorandum in Support of re: #94 MOTION in Limine to Exclude Testimony of Russell Winer Pursuant to Rule 702 (available to CPI Security Systems, Inc., Legacy Vivint Smart Home, Inc., Vivint Smart Home, Inc.) (Attachments: #1 Exhibit 1 - Deposition Transcript of Russell Winer, #2 Exhibit 2 - Expert Report of Russell Winer)(Erteschik, Andrew)
December 15, 2021 Opinion or Order Filing 95 MEMORANDUM in Support re #94 MOTION in Limine to Exclude Testimony of Russell Winer Pursuant to Rule 702 by Legacy Vivint Smart Home, Inc., Vivint Smart Home, Inc.. (Attachments: #1 Exhibit 1 - Notice of Sealed Exhibit - Deposition Transcript of Russell Winer, #2 Exhibit 2 - Notice of Sealed Exhibit - Expert Report of Russell Winer)(Erteschik, Andrew)
December 15, 2021 Opinion or Order Filing 94 MOTION in Limine to Exclude Testimony of Russell Winer Pursuant to Rule 702 by Legacy Vivint Smart Home, Inc., Vivint Smart Home, Inc.. Responses due by 12/29/2021 (Erteschik, Andrew)
December 15, 2021 Opinion or Order Filing 93 MEMORANDUM in Support re #92 MOTION in Limine to Exclude Inadmissible Hearsay Related to Plaintiff's Damages Theories by Legacy Vivint Smart Home, Inc., Vivint Smart Home, Inc.. (Attachments: #1 Exhibit 1 - CPI's 2nd Supp R. 26(a)(1) Disclosures, #2 Exhibit 2 - Depo Excerpts Hinton, #3 Exhibit 3 - Depo Excerpts Newmark, #4 Exhibit 4 - Depo Excerpts Ward)(Erteschik, Andrew)
December 15, 2021 Opinion or Order Filing 92 MOTION in Limine to Exclude Inadmissible Hearsay Related to Plaintiff's Damages Theories by Legacy Vivint Smart Home, Inc., Vivint Smart Home, Inc.. Responses due by 12/29/2021 (Erteschik, Andrew)
December 15, 2021 Opinion or Order Filing 91 MEMORANDUM in Support re #90 MOTION in Limine to Exclude External Proceedings and Complaints to Nonparties by Legacy Vivint Smart Home, Inc., Vivint Smart Home, Inc.. (Attachments: #1 Exhibit 1 - CPI's 2nd Supp R. 26(a)(1) Disclosures, #2 Exhibit 2 - CPI's R. 26(a)(1) Disclosures)(Erteschik, Andrew)
December 15, 2021 Opinion or Order Filing 90 MOTION in Limine to Exclude External Proceedings and Complaints to Nonparties by Legacy Vivint Smart Home, Inc., Vivint Smart Home, Inc.. Responses due by 12/29/2021 (Erteschik, Andrew)
December 15, 2021 Opinion or Order Filing 89 MEMORANDUM in Support re #88 MOTION in Limine to Exclude Vivint's Prior Lawsuits Against Competitors by Legacy Vivint Smart Home, Inc., Vivint Smart Home, Inc.. (Attachments: #1 Exhibit 1 - CPI's 2nd Supp R. 26(a)(1) Disclosures, #2 Exhibit 2 - ADT Subpoena to NorthStar Alarm Services)(Erteschik, Andrew)
December 15, 2021 Opinion or Order Filing 88 MOTION in Limine to Exclude Vivint's Prior Lawsuits Against Competitors by Legacy Vivint Smart Home, Inc., Vivint Smart Home, Inc.. Responses due by 12/29/2021 (Erteschik, Andrew)
December 15, 2021 Opinion or Order Filing 87 MEMORANDUM in Support re #86 MOTION in Limine to Exclude Out-of-Court Customer Complaints by Legacy Vivint Smart Home, Inc., Vivint Smart Home, Inc.. (Attachments: #1 Exhibit 1 - CPI's R. 26(a)(1) Disclosures, #2 Exhibit 2 - Call Transcript Ricky, #3 Exhibit 3 - Call Transcript Quinn(1), #4 Exhibit 4 - Call Transcript Quinn(2), #5 Exhibit 5 - Call Transcript Lott, #6 Exhibit 6 - Lott Declaration, #7 Exhibit 7 - Call Transcript Goodman, #8 Exhibit 8 - Voicemail Transcript Goodman, #9 Exhibit 9 - Call Transcript Love, #10 Exhibit 10 - Call Transcript Douglas, #11 Exhibit 11 - Depo Excerpts Shocknesse)(Erteschik, Andrew)
December 15, 2021 Opinion or Order Filing 86 MOTION in Limine to Exclude Out-of-Court Customer Complaints by Legacy Vivint Smart Home, Inc., Vivint Smart Home, Inc.. Responses due by 12/29/2021 (Erteschik, Andrew)
December 15, 2021 Opinion or Order Filing 85 Sealed Document (Sealed - Attorney): Notices of Sealed Exhibits 1-4 re: #83 Unopposed MOTION to Seal Document (available to CPI Security Systems, Inc., Legacy Vivint Smart Home, Inc., Vivint Smart Home, Inc.) (Attachments: #1 Exhibit 1 - Expert Report of Russell Winer, #2 Exhibit 2 - Expert Report of Russell Mangum, #3 Exhibit 3 - Deposition Transcript of Russell Winer, #4 Exhibit 4 - Deposition Transcript of Russell Mangum)(Erteschik, Andrew)
December 15, 2021 Opinion or Order Filing 84 MEMORANDUM in Support re #83 Unopposed MOTION to Seal Document by Legacy Vivint Smart Home, Inc., Vivint Smart Home, Inc.. (Erteschik, Andrew)
December 15, 2021 Opinion or Order Filing 83 Unopposed MOTION to Seal Document by Legacy Vivint Smart Home, Inc., Vivint Smart Home, Inc.. Responses due by 12/29/2021 (Attachments: #1 Exhibit 1 - Notice of Sealed Exhibit - Expert Report of Russell Winer, #2 Exhibit 2 - Notice of Sealed Exhibit - Expert Report of Russell Mangum, #3 Exhibit 3 - Notice of Sealed Exhibit - Deposition Transcript of Russell Winer, #4 Exhibit 4 - Notice of Sealed Exhibit - Deposition Transcript of Russell Mangum) (Erteschik, Andrew). Motions referred to David S. Cayer.
December 15, 2021 Opinion or Order TEXT-ONLY ORDER granting #83 Unopposed MOTION to Seal Document. So Ordered. Entered by Magistrate Judge David S. Cayer on 12/15/2021. (DLG)
December 14, 2021 Opinion or Order Filing 82 Unopposed Motion for Leave to Withhold Service of Trial Subpoenas Until a Date Certain is Set for Trial by CPI Security Systems, Inc. Responses due by 12/28/2021 (Gieser, Caroline). Modified on 12/15/2021 to remove referral (mek).
December 10, 2021 Opinion or Order Filing 81 Miscellaneous Filing by CPI Security Systems, Inc.. Joint Pretrial Submissions (Attachments: #1 Exhibit PLAINTIFF CPI SECURITY SYSTEMS, INC.S TRIAL EXHIBIT LIST (WITH DEFENDANTS OBJECTIONS), #2 Exhibit DEFENDANTS TRIAL EXHIBIT LIST (WITH CPIS OBJECTIONS), #3 Exhibit PLAINTIFFS DEPOSITION DESIGNATIONS (WITH DEFENDANTS OBJECTIONS AND COUNTER DESIGNATIONS), #4 Exhibit DEFENDANTS DEPOSITION DESIGNATIONS, #5 Exhibit PLAINTIFF CPI SECURITY SYSTEMS, INC.S DESIGNATION OF INTERROGATORIES AND REQUESTS FOR PRODUCTION (With Defendants Objections and Counter Designations), #6 Exhibit DEFENDANTS DESIGNATION OF PLAINTIFFS INTERROGATORY ANSWERS, #7 Exhibit PLAINTIFF CPI SECURITY SYSTEMS, INC.S TRIAL WITNESS LIST, #8 Exhibit DEFENDANTS TRIAL WITNESS LIST, #9 Exhibit [PROPOSED] JURY INSTRUCTIONS, #10 Exhibit JOINTLY PROPOSED ADDITIONAL VOIR DIRE QUESTIONS)(Gieser, Caroline)
December 8, 2021 Opinion or Order Filing 80 ORDER granting with modification #79 Motion for Extension of Time for filing Pretrial Submissions. The parties shall have until December 10, 2021, to submit their joint Pretrial Submissions. Signed by District Judge Frank D. Whitney on 12/8/21. (clc)
December 6, 2021 Opinion or Order Filing 79 Joint MOTION for Extension of Time of Joint Pretrial Submissions Deadline by CPI Security Systems, Inc. Responses due by 12/20/2021 (Gieser, Caroline). Modified on 12/7/2021 to remove referral (mek).
November 16, 2021 Opinion or Order Filing 78 STIPULATION re #35 Scheduling Order, - Stipulation Extending Deadline for 30(b)(6) Deposition by Legacy Vivint Smart Home, Inc., Vivint Smart Home, Inc. (Erteschik, Andrew)
November 9, 2021 Opinion or Order Filing 77 ORDER granting in part and denying in part #58 Motion for Partial Summary Judgment. Signed by District Judge Frank D. Whitney on 11/9/21. (clc)
November 5, 2021 Opinion or Order Filing 76 ORDER granting #74 Motion for Extension of Time for Pretrial Submissions deadline. IT IS THEREFORE ORDERED that the deadline for the parties joint pretrial submissions is hereby extended three (3) weeks, up to and including December 6, 2021. Signed by District Judge Frank D. Whitney on 11/4/21. (clc)
November 3, 2021 Opinion or Order Filing 75 STIPULATION re #35 Scheduling Order, - Stipulation Extending Deadline for 30(b)(6) Deposition by Legacy Vivint Smart Home, Inc., Vivint Smart Home, Inc. (Erteschik, Andrew)
November 3, 2021 Opinion or Order Filing 74 Joint MOTION for Extension of Time of Deadline for Pretrial Submissions by Legacy Vivint Smart Home, Inc., Vivint Smart Home, Inc.. Responses due by 11/17/2021 (Attachments: #1 Proposed Order on Joint Motion for Extension of Deadline for Pretrial Submissions) (Erteschik, Andrew). Modified on 11/3/2021 to remove referral (mek).
November 2, 2021 Opinion or Order Filing 73 ORDER denying #72 Motion for Peremptory Trial Setting. Signed by District Judge Frank D. Whitney on 11/2/21. (clc)
October 25, 2021 Opinion or Order Filing 72 Joint MOTION for Peremptory Trial Setting by Legacy Vivint Smart Home, Inc., Vivint Smart Home, Inc.. Responses due by 11/8/2021 (Attachments: #1 Proposed Order) (Erteschik, Andrew). Motions referred to David S. Cayer.
October 25, 2021 Opinion or Order Filing 71 STIPULATION re #35 Scheduling Order, - Stipulation Extending Deadline for 30(b)(6) Deposition by Legacy Vivint Smart Home, Inc., Vivint Smart Home, Inc. (Erteschik, Andrew)
October 19, 2021 Opinion or Order Filing 70 ORDER granting #69 Motion for Leave to Appear Pro Hac Vice added Erin M. Fishman for CPI Security Systems, Inc. (Pro Hac Vice Attorney served via NEF). Signed by Magistrate Judge David S. Cayer on 10/19/2021. (mek)
October 19, 2021 Opinion or Order Filing 69 MOTION for Leave to Appear Pro Hac Vice as to Erin Fishman Filing fee $ 288, receipt number ANCWDC-5274643. by CPI Security Systems, Inc.. (Attachments: #1 Exhibit Certificate of Good Standing of Erin Fishman) (Gieser, Caroline). Motions referred to David S. Cayer.
October 19, 2021 Opinion or Order Notice to Erin M. Fishman: Pursuant to Local Rule 83.1 you are required to Register for E-Filing Access or Link Existing Account #Link. (Attorney served via NEF) Deadline by 10/26/2021. (mek)
October 12, 2021 Opinion or Order Filing 68 ORDER denying #67 Motion for Hearing and CONTINUES trial in this matter to the January 3, 2022, trial term, with docket call to take place on the morning of Monday, January 3, 2022. The parties joint Pretrial Submissions will be due on November 15, 2021, and a Final Pretrial Conference will be held after docket call on January 3, 2022.. Signed by District Judge Frank D. Whitney on 11/12/21. (clc)
October 12, 2021 Opinion or Order Set/Reset Pretrial Order Deadlines: Final Pretrial Conference set for 1/3/2022 09:30 AM in Courtroom #5B, 401 W Trade St, Charlotte, NC 28202 before District Judge Frank D. Whitney. Jury Trial set for 1/3/2022 09:01 AM in Courtroom #5B, 401 W Trade St, Charlotte, NC 28202 before District Judge Frank D. Whitney. (clc)
October 7, 2021 Opinion or Order Filing 67 Unopposed MOTION for Hearing PLAINTIFF CPI SECURITY SYSTEMS, INC.S UNOPPOSED MOTION FOR A TELEPHONIC OR ZOOM STATUS CONFERENCE by CPI Security Systems, Inc.. Responses due by 10/21/2021 (Gieser, Caroline)
October 7, 2021 Opinion or Order Filing 66 STIPULATION of Dismissal - Stipulation on Defendants' Voluntary Dismissal of Counterclaims by Legacy Vivint Smart Home, Inc., Vivint Smart Home, Inc. (Erteschik, Andrew)
October 1, 2021 Opinion or Order TEXT-ONLY ORDER granting #64 Joint Motion for Extension of Time to permit Vivint's 30(B)(6) deposition later than fourteen days prior to the scheduled trial term. So Ordered. Entered by Magistrate Judge David S. Cayer on 10/1/2021. (KCA)
September 30, 2021 Opinion or Order Filing 65 REPLY to Response to Motion re #58 MOTION for Partial Summary Judgment by Legacy Vivint Smart Home, Inc., Vivint Smart Home, Inc.. (Erteschik, Andrew)
September 30, 2021 Opinion or Order Filing 64 Joint MOTION for Extension of Time to permit Vinits 30(B)(6) deposition later that 14 daye prior to the scheduled term by CPI Security Systems, Inc.. Responses due by 10/14/2021 (Gieser, Caroline). Motions referred to David S. Cayer. Modified to remove all caps in text on 10/1/2021 (clc).
September 30, 2021 Opinion or Order Filing 63 STIPULATION re #35 Scheduling Order, STIPULATION EXTENDING DEADLINES FOR EXPERT AND 30(B)(6) DEPOSITIONS by CPI Security Systems, Inc. (Gieser, Caroline)
September 23, 2021 Opinion or Order Filing 62 RESPONSE in Opposition re #58 MOTION for Partial Summary Judgment by CPI Security Systems, Inc.. Replies due by 9/30/2021 (Gieser, Caroline)
September 23, 2021 Opinion or Order Filing 61 NOTICE of Unavailability of Charles C. Eblen by CPI Security Systems, Inc. (Gieser, Caroline)
September 13, 2021 Opinion or Order Filing 60 STIPULATION EXTENDING DISCOVERY DEADLINES (Rule 30(b)(6) Depositions) by CPI Security Systems, Inc. (Gieser, Caroline)
September 9, 2021 Opinion or Order Filing 59 MEMORANDUM in Support re #58 MOTION for Partial Summary Judgment by Legacy Vivint Smart Home, Inc., Vivint Smart Home, Inc.. (Erteschik, Andrew)
September 9, 2021 Opinion or Order Filing 58 MOTION for Partial Summary Judgment by Legacy Vivint Smart Home, Inc., Vivint Smart Home, Inc.. Responses due by 9/23/2021 (Attachments: #1 Exhibit 1 - Deposition transcript of Laura Ward, taken July 20, 2021, #2 Exhibit 2 - Deposition transcript of Shantell Cheek, taken August 19, 2021, #3 Exhibit 3 - Deposition transcript of Ginger Garren, taken August 19, 2021, #4 Exhibit 4 - Deposition transcript of Joyce Mariso, taken August 19, 2021, #5 Exhibit 5 - Deposition transcript of Johgre Hinton, taken August 20, 2021, #6 Exhibit 6 - Deposition transcript of Janet Newmark, taken August 25, 2021, #7 Exhibit 7 - Deposition transcript of Larry Kodack, taken August 25, 2021) (Erteschik, Andrew) (Attachment 1 replaced to redact PII on 9/14/2021) (js).
September 8, 2021 Opinion or Order SECOND Notice to Victoria Finlinson: Pursuant to Local Rule 83.1 you are required to Register for E-Filing Access or Link Existing Account #Link. (Attorney served via NEF) Deadline by 9/15/2021. (tmg)
September 1, 2021 Opinion or Order Minute Order: TELEPHONE CONFERENCE held before Magistrate Judge David S. Cayer. Having received the parties' request for a telephone discovery conference and having reviewed their written submissions, the Court finds that a telephone conference is not needed. Defendant's objection to the deposition of Cornelia Johnson is OVERRULED and the deposition may proceed as noticed. The dispositive motions deadline is extended to September 9, 2021. This extension will not serve as the basis for extension of any other deadline or setting. So Ordered. Plaintiffs attorney: N/A. Defendants attorney: N/A. Court reporter: N/A. (DLG)
August 30, 2021 Opinion or Order Filing 57 ORDER granting #55 Motion for Leave to Appear Pro Hac Vice added Victoria B. Finlinson for Legacy Vivint Smart Home, Inc. and Vivint Smart Home, Inc. (Pro Hac Vice Attorney served via NEF). Signed by Magistrate Judge David S. Cayer on 8/29/2021. (mek)
August 30, 2021 Opinion or Order Notice to Victoria B. Finlinson: Pursuant to Local Rule 83.1 you are required to Register for E-Filing Account or Link Existing Account #Link. (Attorney served via NEF) Deadline by 9/7/2021. (mek)
August 27, 2021 Opinion or Order Filing 56 REPORT of Mediation. Outcome of Mediation: Parties reached an Impasse. (Attachments: #1 Envelope)(tlj)
August 25, 2021 Opinion or Order Filing 55 MOTION for Leave to Appear Pro Hac Vice as to Victoria B. Finlinson Filing fee $ 288, receipt number 0419-5182847. by Legacy Vivint Smart Home, Inc., Vivint Smart Home, Inc.. (Durnovich, John). Motions referred to David S. Cayer.
August 23, 2021 Opinion or Order Filing 54 STIPULATION EXTENDING DISCOVERY DEADLINES (Rule 30(b)(6) Depositions and Expert Depositions) by CPI Security Systems, Inc. (Gieser, Caroline)
August 19, 2021 Opinion or Order Filing 53 Joint MOTION to Amend/Correct Case Management Order and Continue Trial Setting by CPI Security Systems, Inc.. Responses due by 9/2/2021 (Gieser, Caroline). Motions referred to David S. Cayer.
August 19, 2021 Opinion or Order TEXT-ONLY ORDER denying #53 Motion to Amend/Correct dispositive motions deadline and trial date. So Ordered. Entered by Magistrate Judge David S. Cayer on 8/19/2021. (DLG)
August 12, 2021 Opinion or Order Filing 52 PROTECTIVE ORDER. Signed by Magistrate Judge David S. Cayer on 8/12/2021. (mek)
August 11, 2021 Opinion or Order Filing 51 Joint MOTION for Protective Order by Legacy Vivint Smart Home, Inc., Vivint Smart Home, Inc.. Responses due by 8/25/2021 (Attachments: #1 Proposed Order on Joint Motion to Supplement Protective Order) (Durnovich, John). Motions referred to David S. Cayer.
July 31, 2021 Opinion or Order TEXT-ONLY ORDER granting #50 Motion for Extension of Time of Scheduling Order Deadlines. Mediation deadline set for 8/31/2021. So Ordered. Entered by Magistrate Judge David S. Cayer on 7/31/2021. (DLG)
July 30, 2021 Opinion or Order Filing 50 Joint MOTION for Extension of Time for ADR and Stipulation Extending Discovery Deadline by CPI Security Systems, Inc.. Responses due by 8/13/2021 (Gieser, Caroline). Motions referred to David S. Cayer.
July 2, 2021 Opinion or Order Filing 49 Consent MOTION to Amend/Correct the Case Management Order by CPI Security Systems, Inc.. Responses due by 7/16/2021 (Gieser, Caroline). Motions referred to David S. Cayer.
July 2, 2021 Opinion or Order TEXT-ONLY ORDER denying #49 Motion to Amend/Correct. The parties are reminded that they may extend discovery by stipulation consistent with the Pretrial Order and Case Management Plan. The parties may submit a separate motion seeking to extend the mediation deadline. So Ordered. Entered by Magistrate Judge David S. Cayer on 7/2/2021. (DLG)
July 1, 2021 Opinion or Order TEXT-ONLY ORDER granting #48 Motion for Extension of Time to complete production of customer audio recordings dated September 11, 2015 through December 31, 2016. Production due by August 1, 2021. This extension will not serve as the basis for extension of any other deadline or setting. So Ordered. Entered by Magistrate Judge David S. Cayer on 7/1/2021. (DLG)
June 30, 2021 Opinion or Order Filing 48 Consent MOTION for Extension of Time to Respond to Discovery Requests TO COMPLY WITH JUNE 1, 2021 MINUTE ORDER REQUIRING PRODUCTION OF CPI CUSTOMER AUDIO FILES by CPI Security Systems, Inc.. Responses due by 7/14/2021 (Gieser, Caroline). Motions referred to David S. Cayer.
June 26, 2021 Opinion or Order TEXT-ONLY ORDER granting #47 Motion for extension of time to respond to RFP 14. Discovery responses due by 7/9/2021. So Ordered. Entered by Magistrate Judge David S. Cayer on 6/26/2021. (DLG)
June 25, 2021 Opinion or Order Filing 47 Consent MOTION 14-day extension by Legacy Vivint Smart Home, Inc., Vivint Smart Home, Inc.. Responses due by 7/9/2021 (Attachments: #1 Proposed Order on Defendants' Motion for Discovery-Related Relief) (Durnovich, John). Motions referred to David S. Cayer.
June 2, 2021 Opinion or Order TEXT-ONLY ORDER granting #46 Motion for Clarification of Minute Order entered 6/1/2021. The production of "all responsive customer audiotapes" shall include all audiotapes of customers as that term is defined in the Order including any call for any purpose and without regard for whether the audiotape includes a complaint or references Vivint. So Ordered. Entered by Magistrate Judge David S. Cayer on 6/2/2021. (DLG)
June 1, 2021 Opinion or Order Filing 46 MOTION for clarification and Memorandum in Support Thereof by CPI Security Systems, Inc.. Responses due by 6/15/2021 (Gieser, Caroline). Motions referred to David S. Cayer.
June 1, 2021 Opinion or Order Minute Order: TELEPHONE CONFERENCE held before Magistrate Judge David S. Cayer. Considering the parties' written submissions and arguments of counsel, the Court OVERRULES Plaintiff's objection to producing audiotapes of conversations with customers. For purposes of this Order, customer is defined as each of the individually-identified persons CPI alleges are or were a customer of CPI and to whom CPI alleges Defendants committed deceptive sales practices, or made false or misleading representations as a basis for relief sought by CPI. Within thirty days of this Order, Plaintiff shall produce all responsive customer audiotapes that were made on or after September 11, 2015. The obligation to produce customer audiotapes shall attach to any customer Plaintiff subsequently identifies. So Ordered Plaintiffs attorney: Eric J. Hobbs; Caroline Marie Gieser. Defendants attorney: Andrew Harry Erteschik; Joshua R. Brown; Gregory W. Herbert; Matthew A. Steward. Court reporter: N/A. (DLG)
May 27, 2021 Opinion or Order TEXT-ONLY ORDER granting #45 Motion for Extension of Time to Respond to Discovery Requests. Vivint shall respond to RFPs 21 and 22 by 6/7/2021 and shall respond to RFP 14 by 6/25/2021. So Ordered. Entered by Magistrate Judge David S. Cayer on 5/27/2021. (DLG)
May 26, 2021 Opinion or Order Filing 45 Consent MOTION for Extension of Time to Respond to Discovery Requests by Legacy Vivint Smart Home, Inc., Vivint Smart Home, Inc.. Responses due by 6/9/2021 (Attachments: #1 Proposed Order) (Erteschik, Andrew). Motions referred to David S. Cayer.
May 12, 2021 Opinion or Order Notice to Joshua R. Brown: Pursuant to Local Rule 83.1 you are required to Register for ECF Account #Application Link. (Attorney served via NEF) Deadline by 5/19/2021. (mek)
May 11, 2021 Opinion or Order Filing 44 ORDER granting #43 Motion for Leave to Appear Pro Hac Vice added Joshua R. Brown for Legacy Vivint Smart Home, Inc. and Vivint Smart Home, Inc. (Pro Hac Vice Attorney served via NEF). Signed by Magistrate Judge David S. Cayer on 5/11/2021. (mek)
May 11, 2021 Opinion or Order Filing 43 MOTION for Leave to Appear Pro Hac Vice as to Joshua R. Brown Filing fee $ 288, receipt number 0419-5026073. by Legacy Vivint Smart Home, Inc., Vivint Smart Home, Inc.. (Erteschik, Andrew). Motions referred to David S. Cayer.
May 11, 2021 Opinion or Order Minute Order: TELEPHONE CONFERENCE held before Magistrate Judge David S. Cayer. Having reviewed the parties' written submissions, the Court finds that the telephone discovery conference scheduled for 1:00pm today is unnecessary and is cancelled. The Court has previously sustained Defendant's three specific objections and otherwise OVERRULED Defendant's objections. The Court otherwise ORDERED Defendant to make full responses to Plaintiff's discovery requests. Defendant's present objection to making production other than concerning a "customer issue" is OVERRULED. Defendant shall make full responses and production to all of Plaintiff's other discovery requests within fifteen days of this Order. So Ordered. Plaintiffs attorney: N/A. Defendants attorney: N/A. Court reporter: N/A. (DLG)
April 17, 2021 Opinion or Order Filing 42 STIPULATION OF EXPERT DEADLINES (JOINT) by CPI Security Systems, Inc. (Gieser, Caroline)
April 2, 2021 Opinion or Order Filing 41 Joint MOTION to Amend/Correct #35 Scheduling Order, Case Management Order by CPI Security Systems, Inc.. Responses due by 4/16/2021 (Attachments: #1 Proposed Order Proposed Order Amending Case Management Order) (Gieser, Caroline). Motions referred to David S. Cayer.
April 2, 2021 Opinion or Order TEXT-ONLY ORDER denying #41 Motion to Amend/Correct. The parties are reminded that they may extend discovery by stipulation consistent with the Pretrial Order and Case Management Plan. The parties may submit a separate motion seeking to extend the mediation deadline. So Ordered. Entered by Magistrate Judge David S. Cayer on 4/2/2021. (DLG)
March 31, 2021 Opinion or Order TEXT-ONLY ORDER granting #40 Motion for Extension of Time to Comply with Court's March 2, 2021 Order and Respond to Discovery Requests. Discovery responses due 4/22/2021. So Ordered. Entered by Magistrate Judge David S. Cayer on 3/31/2021. (DLG)
March 30, 2021 Opinion or Order Filing 40 Consent MOTION for Extension of Time to Serve Supplemental Responses to CPI's First Set of Discovery Requests by Legacy Vivint Smart Home, Inc., Vivint Smart Home, Inc.. Responses due by 4/13/2021 (Attachments: #1 Proposed Order) (Erteschik, Andrew). Motions referred to David S. Cayer.
March 2, 2021 Opinion or Order Minute Order: PRETRIAL CONFERENCE held before Magistrate Judge David S. Cayer. Having reviewed the parties' written submissions, the Court finds that the telephone discovery conference scheduled for 1:30pm today is unnecessary and is cancelled. Defendant's objection to producing the personnel files, disciplinary history, and compensation of sales representatives is SUSTAINED. Otherwise, the objection is OVERRULED. Defendant shall make full responses and production within thirty days of this Order. So Ordered. Plaintiffs attorney: N/A. Defendants attorney: N/A. Court reporter: N/A. (DLG)
January 19, 2021 Opinion or Order TEXT-ONLY ORDER denying #25 Motion to Dismiss for Failure to State a ClaimText of Order: Denying as Moot Motion to Dismiss for Failure to State a Claim. (Doc. No. 25). The filing of Plaintiff's Amended Complaint (Doc. No. 29) renders the earlier-filed Motion to Dismiss (Doc. No. 25) MOOT. Defendants' Motion to Dismiss (Doc. No. 25) is accordingly DENIED AS MOOT. So Ordered. Entered by District Judge Frank D. Whitney on 1/19/21. (JO)
December 14, 2020 Opinion or Order Filing 39 ANSWER to #33 Answer to Amended Complaint,, Counterclaim, by CPI Security Systems, Inc..(Gieser, Caroline)
December 10, 2020 Opinion or Order Filing 38 Notice of Withdrawal of document by Legacy Vivint Smart Home, Inc., Vivint Smart Home, Inc. ***Documents terminated: #31 MOTION to Dismiss for Failure to State a Claim filed by Legacy Vivint Smart Home, Inc., Vivint Smart Home, Inc.. (Erteschik, Andrew)
December 10, 2020 Opinion or Order Filing 37 NOTICE of Voluntary Dismissal of Trade Slander/Commercial Disparagement Claim (Count IV of the Amended Complaint) by CPI Security Systems, Inc. (Gieser, Caroline)
December 4, 2020 Opinion or Order Filing 36 RESPONSE in Opposition re #31 MOTION to Dismiss for Failure to State a Claim by CPI Security Systems, Inc.. Replies due by 12/11/2020 (Gieser, Caroline)
December 4, 2020 Opinion or Order Filing 35 Pretrial Order and Case Management Plan: Estimated Trial Time: 5 - 7 days. Discovery due by 08/04/2021. Motions due by 09/02/20201. Mediation deadline set for 08/19/20201. Jury Trial set for 11/01/2021 09:01 AM in Courtroom, 401 W Trade St, Charlotte, NC 28202 before District Judge Frank D. Whitney. Signed by District Judge Frank D. Whitney on 12/4/20. (clc) (Main Document 35 replaced on 12/4/2020) (clc). Modified to correct text on 12/4/2020 (clc).
December 2, 2020 Opinion or Order Filing 34 Consent MOTION for Extension of Time to File Response/Reply to Defendants' Motion to Dismiss the Amended Complaint and to File a Pleading Responsive to Defendants' Counterclaims by CPI Security Systems, Inc.. Responses due by 12/16/2020 (Gieser, Caroline). Motions referred to David S. Cayer.
December 2, 2020 Opinion or Order TEXT-ONLY ORDER granting in part and denying in part #34 Motion for Extension of Time. CPI Security Systems, Inc.'s answer to counterclaims due 12/11/2020. As to extension of deadline to respond to Motion to Dismiss, this Motion was not filed three days in advance of the deadline as required by the Initial Scheduling Order. Responses to Motion to Dismiss due 12/5/2020. So Ordered. Entered by Magistrate Judge David S. Cayer on 12/2/2020. (DLG)
November 18, 2020 Opinion or Order Filing 33 ANSWER to #29 Amended Complaint , COUNTERCLAIM against CPI Security Systems, Inc. by Legacy Vivint Smart Home, Inc., Vivint Smart Home, Inc.. (Attachments: #1 Exhibit A - CPI app, #2 Exhibit B - CPI e-mail)(Erteschik, Andrew)
November 18, 2020 Opinion or Order Filing 32 MEMORANDUM in Support re #31 MOTION to Dismiss for Failure to State a Claim by Legacy Vivint Smart Home, Inc., Vivint Smart Home, Inc.. (Erteschik, Andrew)
November 18, 2020 Opinion or Order Filing 31 **WITHDRAWN** MOTION to Dismiss for Failure to State a Claim by Legacy Vivint Smart Home, Inc., Vivint Smart Home, Inc.. Responses due by 12/2/2020 (Erteschik, Andrew) Modified text on 12/14/2020 (brl).
November 17, 2020 Opinion or Order Filing 30 CERTIFICATION of initial attorney conference and discovery plan (Herbert, Gregory)
November 12, 2020 Opinion or Order Filing 29 AMENDED COMPLAINT with Jury Demand against All Defendants, filed by CPI Security Systems, Inc..(Gieser, Caroline)
October 29, 2020 Opinion or Order Filing 28 ORDER granting #20 , #21 , #22 , #23 and #24 Motion for Leave to Appear Pro Hac Vice Attorneys Gregory W. Herbert, Michael N. Kreitzer, Jared R. Kessler, Matthew A. Steward and Shannon K. Zollinger added for Vivint Smart Home, Inc. and Legacy Vivint Smart Home, Inc. Signed by Magistrate Judge David S. Cayer on 10/29/2020. (brl)
October 29, 2020 Opinion or Order Notice to Michael N. Kreitzer: Pursuant to Local Rule 83.1 you are required to Register for ECF at #www.ncwd.uscourts.gov. Deadline by 11/5/2020. (brl)
October 29, 2020 Opinion or Order Notice to Jared R. Kessler: Pursuant to Local Rule 83.1 you are required to Register for ECF at #www.ncwd.uscourts.gov. Deadline by 11/5/2020. (brl)
October 29, 2020 Opinion or Order Notice to Gregory W. Herbert: Pursuant to Local Rule 83.1 you are required to Register for ECF at #www.ncwd.uscourts.gov. Deadline by 11/5/2020. (brl)
October 29, 2020 Opinion or Order Notice to Matthew A. Steward: Pursuant to Local Rule 83.1 you are required to Register for ECF at #www.ncwd.uscourts.gov. Deadline by 11/5/2020. (brl)
October 29, 2020 Opinion or Order Notice to Shannon K. Zollinger: Pursuant to Local Rule 83.1 you are required to Register for ECF at #www.ncwd.uscourts.gov. Deadline by 11/5/2020. (brl)
October 28, 2020 Opinion or Order Filing 27 ANSWER to #1 Complaint, by Legacy Vivint Smart Home, Inc., Vivint Smart Home, Inc..(Erteschik, Andrew)
October 28, 2020 Opinion or Order Filing 26 MEMORANDUM in Support re #25 MOTION to Dismiss for Failure to State a Claim by Legacy Vivint Smart Home, Inc., Vivint Smart Home, Inc.. (Erteschik, Andrew)
October 28, 2020 Opinion or Order Filing 25 MOTION to Dismiss for Failure to State a Claim by Legacy Vivint Smart Home, Inc., Vivint Smart Home, Inc.. Responses due by 11/12/2020 (Erteschik, Andrew)
October 27, 2020 Opinion or Order Filing 24 MOTION for Leave to Appear Pro Hac Vice as to Shannon K. Zollinger Filing fee $ 281, receipt number 0419-4733820. by Legacy Vivint Smart Home, Inc., Vivint Smart Home, Inc.. (Erteschik, Andrew). Motions referred to David S. Cayer.
October 27, 2020 Opinion or Order Filing 23 MOTION for Leave to Appear Pro Hac Vice as to Matthew A. Steward Filing fee $ 281, receipt number 0419-4733819. by Legacy Vivint Smart Home, Inc., Vivint Smart Home, Inc.. (Erteschik, Andrew). Motions referred to David S. Cayer.
October 27, 2020 Opinion or Order Filing 22 MOTION for Leave to Appear Pro Hac Vice as to Jared R. Kessler Filing fee $ 281, receipt number 0419-4733818. by Legacy Vivint Smart Home, Inc., Vivint Smart Home, Inc.. (Erteschik, Andrew). Motions referred to David S. Cayer.
October 27, 2020 Opinion or Order Filing 21 MOTION for Leave to Appear Pro Hac Vice as to Michael N. Kreitzer Filing fee $ 281, receipt number 0419-4733815. by Legacy Vivint Smart Home, Inc., Vivint Smart Home, Inc.. (Erteschik, Andrew). Motions referred to David S. Cayer.
October 27, 2020 Opinion or Order Filing 20 MOTION for Leave to Appear Pro Hac Vice as to Gregory W. Herbert Filing fee $ 281, receipt number 0419-4733811. by Legacy Vivint Smart Home, Inc., Vivint Smart Home, Inc.. (Erteschik, Andrew). Motions referred to David S. Cayer.
October 13, 2020 Opinion or Order Filing 19 ORDER granting #17 and #18 Motion for Leave to Appear Pro Hac Vice added Daniel E. Rohner and Eric J. Hobbs for CPI Security Systems, Inc.. Signed by Magistrate Judge David S. Cayer on 10/12/2020. (brl)
October 13, 2020 Opinion or Order Notice to Daniel E. Rohner: Pursuant to Local Rule 83.1 you are required to Register for ECF at #www.ncwd.uscourts.gov. Deadline by 10/20/2020. (brl)
October 13, 2020 Opinion or Order Notice to Eric J. Hobbs: Pursuant to Local Rule 83.1 you are required to Register for ECF at #www.ncwd.uscourts.gov. Deadline by 10/20/2020. (brl)
October 12, 2020 Opinion or Order Filing 18 MOTION for Leave to Appear Pro Hac Vice as to Eric J. Hobbs Filing fee $ 281, receipt number 0419-4708612. by CPI Security Systems, Inc.. (Gieser, Caroline). Motions referred to David S. Cayer.
October 12, 2020 Opinion or Order Filing 17 MOTION for Leave to Appear Pro Hac Vice as to Daniel E. Rohner Filing fee $ 281, receipt number 0419-4708608. by CPI Security Systems, Inc.. (Gieser, Caroline). Motions referred to David S. Cayer.
October 9, 2020 Opinion or Order Filing 16 ORDER granting #14 Motion for Leave to Appear Pro Hac Vice added Charles C. Eblen for CPI Security Systems, Inc. Signed by Magistrate Judge David S. Cayer on 10/9/2020. (mek)
October 6, 2020 Opinion or Order Filing 15 ORDER granting #13 Motion for Extension of Time to Answer re #1 Complaint. Legacy Vivint Smart Home, Inc. answer due 10/28/2020; Vivint Smart Home, Inc. answer due 10/28/2020. Signed by Magistrate Judge David S. Cayer on 10/6/2020. (mek)
October 6, 2020 Opinion or Order Filing 14 MOTION for Leave to Appear Pro Hac Vice as to Charles C. Eblen Filing fee $ 281, receipt number 0419-4700206. by CPI Security Systems, Inc.. (Attachments: #1 Exhibit List of Previous Court Admissions, #2 Exhibit Missouri Certificate of Admission) (Gieser, Caroline). Motions referred to David S. Cayer. (Main Document 14 replaced on 10/6/2020) (mek).
October 5, 2020 Opinion or Order Filing 13 Consent MOTION for Extension of Time to Answer re: #1 Complaint, by Legacy Vivint Smart Home, Inc., Vivint Smart Home, Inc.. (Attachments: #1 Proposed Order) (Erteschik, Andrew). Motions referred to David S. Cayer.
October 5, 2020 Opinion or Order Filing 12 Corporate Disclosure Statement by Legacy Vivint Smart Home, Inc. (Erteschik, Andrew)
October 5, 2020 Opinion or Order Filing 11 Corporate Disclosure Statement by Vivint Smart Home, Inc. (Erteschik, Andrew)
October 5, 2020 Opinion or Order Filing 10 NOTICE of Appearance by John Michael Durnovich on behalf of Legacy Vivint Smart Home, Inc., Vivint Smart Home, Inc. (Durnovich, John)
October 5, 2020 Opinion or Order Filing 9 NOTICE of Appearance by Nathaniel Cosmo Zinkow on behalf of Legacy Vivint Smart Home, Inc., Vivint Smart Home, Inc. (Zinkow, Nathaniel)
October 5, 2020 Opinion or Order Filing 8 NOTICE of Appearance by Steven B. Epstein on behalf of Legacy Vivint Smart Home, Inc., Vivint Smart Home, Inc. (Epstein, Steven)
October 5, 2020 Opinion or Order Filing 7 NOTICE of Appearance by Andrew Harry Erteschik on behalf of Legacy Vivint Smart Home, Inc., Vivint Smart Home, Inc. (Erteschik, Andrew)
September 20, 2020 Opinion or Order Filing 6 Corporate Disclosure Statement by CPI Security Systems, Inc. (Gieser, Caroline)
September 17, 2020 Opinion or Order Filing 5 AFFIDAVIT of Service filed by CPI Security Systems, Inc.. Legacy Vivint Smart Home, Inc. served on 9/16/2020, answer due 10/7/2020. (Gieser, Caroline)
September 17, 2020 Opinion or Order Filing 4 AFFIDAVIT of Service filed by CPI Security Systems, Inc.. Vivint Smart Home, Inc. served on 9/16/2020, answer due 10/7/2020. (Gieser, Caroline)
September 14, 2020 Opinion or Order Filing 3 Summons Issued Electronically as to Legacy Vivint Smart Home, Inc., Vivint Smart Home, Inc.. NOTICE: Counsel shall print the summons and serve with other case opening documents in accordance with Fed.R.Civ.P.4 . (Attachments: #1 Summons)(eef)
September 14, 2020 Opinion or Order Filing 2 REPORT on the Filing of an action regarding patent and/or trademark numbers contained in complaint. (Attachments: #1 Complaint) (eef)
September 14, 2020 Opinion or Order Case assigned to District Judge Frank D. Whitney and Magistrate Judge David S. Cayer. Notice: You must click this link to retrieve the #Case Assignment Packet. This is your only notice - you will not receive a separate document.(eef)
September 14, 2020 Opinion or Order Clerk's Entry and Service of #Initial Scheduling Order and #Certificate of Initial Attorney FRCP 26(f) Conference Form pursuant to the Standing Order Governing Civil Case Management before the Honorable Frank D. Whitney (3:07-mc-47 (Doc. No. 2)). The parties are directed to click on the link above to retrieve the Order. (eef)
September 11, 2020 Opinion or Order Filing 1 COMPLAINT against Vivint Smart Home, Inc. and Legacy Vivint Smart Home, Inc. with Jury Demand ( Filing fee $ 400 receipt number 0419-4664802), filed by CPI Security Systems, Inc.(Attachments: #1 Cover Sheet)(Gieser, Caroline) Modified text on 9/14/2020 (ams).

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Search for this case: CPI Security Systems, Inc. v. Vivint Smart Home, Inc. et al
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Plaintiff: CPI Security Systems, Inc.
Represented By: Caroline Marie Gieser
Represented By: Charles C. Eblen
Represented By: Daniel E. Rohner
Represented By: Eric J. Hobbs
Represented By: Erin Michelle Fishman
Represented By: Jason Robert Scott
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Defendant: Vivint Smart Home, Inc. f/k/a Mosaic Acquisition Corp.
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Defendant: Legacy Vivint Smart Home, Inc. f/k/a Vivint Smart Home, Inc.
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Defendant: Vivint Smart Home, Inc.
Represented By: Gregory W. Herbert
Represented By: Matthew A. Steward
Represented By: Michael N. Kreitzer
Represented By: Shannon K. Zollinger
Represented By: Nathaniel Cosmo Zinkow
Represented By: Jared R. Kessler
Represented By: Steven B. Epstein
Represented By: John Michael Durnovich
Represented By: Andrew Harry Erteschik
Represented By: Joshua R. Brown
Represented By: Victoria B. Finlinson
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Defendant: Mosaic Acquisition Corp.
Represented By: Gregory W. Herbert
Represented By: Matthew A. Steward
Represented By: Michael N. Kreitzer
Represented By: Shannon K. Zollinger
Represented By: Nathaniel Cosmo Zinkow
Represented By: Jared R. Kessler
Represented By: Steven B. Epstein
Represented By: John Michael Durnovich
Represented By: Andrew Harry Erteschik
Represented By: Joshua R. Brown
Represented By: Victoria B. Finlinson
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Counter claimant: Legacy Vivint Smart Home, Inc.
Represented By: Gregory W. Herbert
Represented By: Matthew A. Steward
Represented By: Michael N. Kreitzer
Represented By: Shannon K. Zollinger
Represented By: Nathaniel Cosmo Zinkow
Represented By: Jared R. Kessler
Represented By: Steven B. Epstein
Represented By: John Michael Durnovich
Represented By: Andrew Harry Erteschik
Represented By: Joshua R. Brown
Represented By: Victoria B. Finlinson
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