CPI Security Systems, Inc. v. Vivint Smart Home, Inc. et al
| 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., Legacy Vivint Smart Home, Inc. and Mosaic Acquisition Corp. |
| CPI Security Systems, Inc. |
| 3:2020cv00504 |
| September 11, 2020 |
| US District Court for the Western District of North Carolina |
| David S Cayer |
| Max O Cogburn |
| W Carleton Metcalf |
| Frank D Whitney |
| Trademark |
| 15 U.S.C. § 1071 Trademark Infringement (Lanham Act) |
| Plaintiff |
Docket Report
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SECOND Notice to Ellyde R. Thompson: 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 11/16/2023. (rth)
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Minute Entry: MOTION HEARING held before District Judge Max O. Cogburn, Jr. Motions taken under advisement, order to issue. Plaintiffs attorney: Caroline Marie Gieser, Charles C. Eblen, Eric J. Hobbs. Defendants attorney: Ellyde R. Thompson, John Michael Durnovich, Matthew W. Sawchak, Rachel E. Epstein. Court reporter: Deborah Cohen-Rojas. (ams)
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Filing 198
ORDER granting #197 Motion for Leave to Appear Pro Hac Vice, added Ellyde R. Thompson for Legacy Vivint Smart Home, Inc. and Vivint Smart Home, Inc. (Pro Hac Vice Attorney served via NEF). Signed by US Magistrate Judge W. Carleton Metcalf on 10/25/2023. (Pro se litigant served by US Mail.) (ejb)
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Notice to Attorney Ellyde R. Thompson: 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 11/2/2023. (ejb)
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Filing 197
MOTION for Leave to Appear Pro Hac Vice as to Ellyde R. Thompson Filing fee $ 288, receipt number ANCWDC-6269169. by Legacy Vivint Smart Home, Inc., Vivint Smart Home, Inc.. (Erteschik, Andrew). Motions referred to W. Carleton Metcalf.
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Reset Hearing as to #157 MOTION to Alter Judgment to Add Pre-Judgment and Post-Judgment Interest ; #160 MOTION to Alter Judgment MOTION for New Trial MOTION for Judgment NOV MOTION for Judgment as a Matter of Law , Motion Hearing RESET for 10/31/2023 09:30 AM in Courtroom #5A, 401 W Trade St, Charlotte, NC 28202 before District Judge Max O. Cogburn Jr. (ams)
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Filing 196
ORDER granting #195 Motion to Continue Motion Hearing. Motion Hearing RESET for 10/30/2023 09:30 AM in Courtroom #5A, 401 W Trade St, Charlotte, NC 28202 before District Judge Max O. Cogburn Jr. Signed by District Judge Max O. Cogburn, Jr on 10/5/2023. (Pro se litigant served by US Mail.)(ams)
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Filing 195
Unopposed MOTION to Continue Hearing Date on Post-Trial Motions by CPI Security Systems, Inc.. Responses due by 10/18/2023 (Attachments: #1 Proposed Order Proposed Order Granting Unopposed Motion to Reset Hearing Date) (Gieser, Caroline)
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NOTICE of Hearing on Motion re: #160 MOTION to Alter Judgment MOTION for New Trial MOTION for Judgment NOV MOTION for Judgment as a Matter of Law , #157 MOTION to Alter Judgment to Add Pre-Judgment and Post-Judgment Interest : Motion Hearing set for 10/23/2023 01:30 PM in Courtroom #5A, 401 W Trade St, Charlotte, NC 28202 before District Judge Max O. Cogburn Jr. This is your only notice - you will not receive a separate document.(ams)
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Filing 194
RESPONSE in Opposition re #193 MOTION for Leave to File Supplemental Brief by CPI Security Systems, Inc.. Replies due by 9/18/2023 (Gieser, Caroline)
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Filing 193
MOTION for Leave to File Supplemental Brief by Legacy Vivint Smart Home, Inc., Vivint Smart Home, Inc.. Responses due by 9/25/2023 (Attachments: #1 Exhibit 1 - Vivint's Supplemental Brief in Support of Motion for Post-Trial Relief) (Epstein, Rachel). Motions referred to W. Carleton Metcalf.
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Filing 192
ORDER RETURNING TRIAL EXHIBITS. Signed by District Judge Max O. Cogburn, Jr on 9/7/2023. (ams)
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Case reassigned to District Judge Max O. Cogburn, Jr. District Judge Frank D. Whitney no longer assigned to the case. This is your only notice - you will not receive a separate document. (maf)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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.
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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)
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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)
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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)
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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)
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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.
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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)
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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)
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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)
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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.
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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)
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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)
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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)
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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)
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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)
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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)
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Filing 164
REPLY to Response to Motion re #153 Pro Se MOTION for Transcripts by Movant Christie Smythe. (Attachment: #1 Envelope)(mek)
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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.
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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.
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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)
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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).
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Filing 159
NOTICE of Appearance by Erik R. Zimmerman on behalf of Legacy Vivint Smart Home, Inc., Vivint Smart Home, Inc. (Zimmerman, Erik)
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Filing 158
NOTICE of Appearance by Matthew W. Sawchak on behalf of Legacy Vivint Smart Home, Inc., Vivint Smart Home, Inc. (Sawchak, Matthew)
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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)
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Filing 156
RESPONSE to Motion re #153 MOTION for Transcripts by CPI Security Systems, Inc.. Replies due by 3/14/2023 (Gieser, Caroline)
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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)
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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)
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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)
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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)
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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.
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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).
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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.
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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)
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Filing 150
REPORT on the Determination of an action regarding patent and/or trademark numbers contained in complaint. (clc)
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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)
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Filing 148
JURY VERDICT (Attachments: #1 Unredacted Signature Page)(clc)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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Filing 146
Proposed Jury Instructions by Legacy Vivint Smart Home, Inc., Vivint Smart Home, Inc.(Durnovich, John)
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Filing 145
TRIAL BRIEF REGARDING EXHIBIT P50 by CPI Security Systems, Inc.(Gieser, Caroline)
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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)
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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)
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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)
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Filing 143
MEMORANDUM in Support re #142 MOTION to Quash trial subpoena by Eric Schachner. (Tharp, Paul)
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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).
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Filing 141
NOTICE of Appearance by Paul A. Tharp on behalf of Eric Schachner (Tharp, Paul)
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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).
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Filing 139
Exhibit List Defendants' Trial Exhibit List (With CPI's Objections) by Legacy Vivint Smart Home, Inc., Vivint Smart Home, Inc..(Durnovich, John)
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Filing 138
Miscellaneous Filing by CPI Security Systems, Inc.. PLAINTIFF CPI SECURITY SYSTEMS, INC.S AMENDED TRIAL WITNESS LIST (Gieser, Caroline)
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Filing 137
Exhibit List PLAINTIFF CPI SECURITY SYSTEMS, INC.S AMENDED TRIAL EXHIBIT LIST (WITH DEFENDANTS OBJECTIONS) by CPI Security Systems, Inc..(Gieser, Caroline)
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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)
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Filing 135
Miscellaneous Filing by Legacy Vivint Smart Home, Inc., Vivint Smart Home, Inc.. Supplemental Objection to Janet Newmark Deposition Transcript (Durnovich, John)
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Filing 134
Witness List (Sealed - Participants) by Legacy Vivint Smart Home, Inc., Vivint Smart Home, Inc.(Durnovich, John)
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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)
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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)
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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)
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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)
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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.
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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)
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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)
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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.
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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)
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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)
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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.
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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Filing 116
MOTION in Limine by Legacy Vivint Smart Home, Inc., Vivint Smart Home, Inc.. Responses due by 2/1/2022 (Erteschik, Andrew)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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Filing 101
MEMORANDUM in Support re #100 MOTION to Bifurcate Trial by Legacy Vivint Smart Home, Inc., Vivint Smart Home, Inc.. (Erteschik, Andrew)
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Filing 100
MOTION to Bifurcate Trial by Legacy Vivint Smart Home, Inc., Vivint Smart Home, Inc.. Responses due by 12/29/2021 (Erteschik, Andrew)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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Filing 84
MEMORANDUM in Support re #83 Unopposed MOTION to Seal Document by Legacy Vivint Smart Home, Inc., Vivint Smart Home, Inc.. (Erteschik, Andrew)
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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.
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TEXT-ONLY ORDER granting #83 Unopposed MOTION to Seal Document. So Ordered. Entered by Magistrate Judge David S. Cayer on 12/15/2021. (DLG)
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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).
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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)
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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)
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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).
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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)
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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)
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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)
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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)
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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).
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Filing 73
ORDER denying #72 Motion for Peremptory Trial Setting. Signed by District Judge Frank D. Whitney on 11/2/21. (clc)
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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.
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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)
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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)
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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.
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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)
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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)
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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)
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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)
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Filing 66
STIPULATION of Dismissal - Stipulation on Defendants' Voluntary Dismissal of Counterclaims by Legacy Vivint Smart Home, Inc., Vivint Smart Home, Inc. (Erteschik, Andrew)
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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)
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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)
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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).
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Filing 63
STIPULATION re #35 Scheduling Order, STIPULATION EXTENDING DEADLINES FOR EXPERT AND 30(B)(6) DEPOSITIONS by CPI Security Systems, Inc. (Gieser, Caroline)
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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)
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Filing 61
NOTICE of Unavailability of Charles C. Eblen by CPI Security Systems, Inc. (Gieser, Caroline)
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Filing 60
STIPULATION EXTENDING DISCOVERY DEADLINES (Rule 30(b)(6) Depositions) by CPI Security Systems, Inc. (Gieser, Caroline)
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Filing 59
MEMORANDUM in Support re #58 MOTION for Partial Summary Judgment by Legacy Vivint Smart Home, Inc., Vivint Smart Home, Inc.. (Erteschik, Andrew)
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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).
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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)
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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)
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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)
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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)
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Filing 56
REPORT of Mediation. Outcome of Mediation: Parties reached an Impasse. (Attachments: #1 Envelope)(tlj)
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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.
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Filing 54
STIPULATION EXTENDING DISCOVERY DEADLINES (Rule 30(b)(6) Depositions and Expert Depositions) by CPI Security Systems, Inc. (Gieser, Caroline)
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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.
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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)
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Filing 52
PROTECTIVE ORDER. Signed by Magistrate Judge David S. Cayer on 8/12/2021. (mek)
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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.
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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)
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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.
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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.
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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)
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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)
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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.
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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)
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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.
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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)
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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.
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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)
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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)
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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.
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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)
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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)
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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.
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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)
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Filing 42
STIPULATION OF EXPERT DEADLINES (JOINT) by CPI Security Systems, Inc. (Gieser, Caroline)
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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.
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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)
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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)
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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.
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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)
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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)
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Filing 39
ANSWER to #33 Answer to Amended Complaint,, Counterclaim, by CPI Security Systems, Inc..(Gieser, Caroline)
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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)
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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)
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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)
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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).
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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.
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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)
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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)
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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)
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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).
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Filing 30
CERTIFICATION of initial attorney conference and discovery plan (Herbert, Gregory)
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Filing 29
AMENDED COMPLAINT with Jury Demand against All Defendants, filed by CPI Security Systems, Inc..(Gieser, Caroline)
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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)
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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)
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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)
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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)
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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)
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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)
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Filing 27
ANSWER to #1 Complaint, by Legacy Vivint Smart Home, Inc., Vivint Smart Home, Inc..(Erteschik, Andrew)
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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)
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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)
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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.
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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.
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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.
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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.
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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.
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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)
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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)
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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)
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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.
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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.
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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)
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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)
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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).
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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.
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Filing 12
Corporate Disclosure Statement by Legacy Vivint Smart Home, Inc. (Erteschik, Andrew)
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Filing 11
Corporate Disclosure Statement by Vivint Smart Home, Inc. (Erteschik, Andrew)
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Filing 10
NOTICE of Appearance by John Michael Durnovich on behalf of Legacy Vivint Smart Home, Inc., Vivint Smart Home, Inc. (Durnovich, John)
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Filing 9
NOTICE of Appearance by Nathaniel Cosmo Zinkow on behalf of Legacy Vivint Smart Home, Inc., Vivint Smart Home, Inc. (Zinkow, Nathaniel)
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Filing 8
NOTICE of Appearance by Steven B. Epstein on behalf of Legacy Vivint Smart Home, Inc., Vivint Smart Home, Inc. (Epstein, Steven)
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Filing 7
NOTICE of Appearance by Andrew Harry Erteschik on behalf of Legacy Vivint Smart Home, Inc., Vivint Smart Home, Inc. (Erteschik, Andrew)
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Filing 6
Corporate Disclosure Statement by CPI Security Systems, Inc. (Gieser, Caroline)
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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)
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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)
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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)
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Filing 2
REPORT on the Filing of an action regarding patent and/or trademark numbers contained in complaint. (Attachments: #1 Complaint) (eef)
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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)
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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)
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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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